In Vushaj v. Insignia Residential Group, Inc. , handyman Kanto Vushaj was injured while making electrical repairs to a fuse block in a building managed by Insignia Residential Group, Inc. (Insignia) .
When the Bronx County Supreme Court refused to dismiss the case against Insignia , the company appealed to the Appellate Division, First Department.
The AD1 determined that under the management agreement's terms, Insignia didn't have a duty to ensure the building was in "good repair" nor was there enough evidence to establish that Insignia was aware of an electrical defect.
In order to hold Insignia responsible for the accident, Vushaj needed to demonstrate that it was in "complete and exclusive control of the premises." Since the company lacked such "broad authority," the building's owner was solely responsible for any failure to make repairs.
Are you shocked by that?
To download a copy of the Appellate Division's decision, please use this link: Vushaj v. Insignia Residential Group, Inc.