After he was attacked with battery-operated reciprocating saws, Michael Steinberg sued the assaulter, the City of New York, and Five Star Electric Corp.--a private contractor hired by the municipality. (Apparently, the equipment was purloined from a site where Five Star's employees were repairing a subway station's public-address system.)
When the company's dismissal request was denied by the New York County Supreme Court, an appealed followed.
Because Five Star couldn't show it adequately safeguarded the tools from theft--especially since its employees were aware the attacker was hovering in the area--the Appellate Division, First Department, thought that it was premature to let the company out of the case.
They saw right through that.
To view a copy of the Appellate Division's decision, please use this link: Steinberg v. New York City Tr. Auth.