Thomas Burke sued Tishman Construction Corporation and Hilton Resorts, after he fell through a hole in the floor of a construction site.
When the New York County Supreme Court found the defendants responsible for Burke's injures, they went to the Appellate Division, First Department, which affirmed the outcome and also ascribed liability to Century Maxim Construction Corporation.
Since the site didn't have adequate "safety devices" in place, and there was no proof that Burke was somehow responsible for his injury, the AD1 concluded that Century--who had "contractual supervisory authority"--shared legal responsibility.
That hole thing came out of nowhere.
To view a copy of the Appellate Division's decision, please use this link: Burke v. Hilton Resorts Corp.