David Thorne was injured when his hand and arm pierced a glass shower-door in an apartment owned by Cauldwell Terrace Construction Corp. (CTCC).
After the Queens County Supreme Court dismissed his negligence case, on the grounds CTCC didn't have notice of any defect, an appeal to the Appellate Division, Second Department, followed.
Although CTCC may not have known of a problem, since a local law governing glass shower-doors could have been violated, the AD2 reversed and reinstated the suit.
(While it was argued the law didn't apply to the building, that contention was rejected because CTCC supposedly failed to submit appropriate evidence in that regard.)
Was CTCC walking on broken glass ?
To view a copy of the Appellate Division, Second Department's decision, please use this link: Thorne v. Cauldwell Terrace Constr. Corp.