In Cohen v. Schachter , Mina Cohen was injured when she slipped on a metal sign which was covered by snow on a sidewalk in front of a construction site.
The building was owned by Cong Yehoshea and Yeshiva Ohel Yehoshea. Fimor Construction Corporation held the permit for the site. After Mina filed suit, Fimor asked to have the case dismissed because it hadn't been engaged in any activity at the premises.
After the Kings County Supreme Court denied Fimor's request, the company appealed to the Appellate Division, Second Department, which reversed.
While a contractor may be liable for an "affirmative act of negligence" when a "dangerous condition" is created, the AD2 was of the view Filmor wasn't responsible for Mina's injuries since it hadn't performed any work at the location nor was in control of the project.
There should have been signs ....
To download a copy of the Appellate Division's decision, please use this link: Cohen v. Schachter