Celestina Agosto fell on an unfinished lobby floor at her workplace and later sued the building's owner, and its independent contractor, A.R. Equipment, LLC, for creating a hazardous condition.
Because it had been hired by the owner to remove the lobby floor tiles, the Bronx County Supreme Court denied A.R.'s request to dismiss the case. On appeal, the Appellate Division, First Department, reversed.
A.R.'s contract with the owner was limited to the removal of the tiles. Since it had no responsibility to do any other work, once the company's contractual obligations were fulfilled, the AD1 was of the view A.R. had no duty to protect the lady from any existing hazards.
Far from celestial for Celestina.
To view a copy of the Appellate Division's decision, please use this link: Agosto v. 30th Place Holding, LLC