Jones v. City of New York
Opinion of the Court
In an action to recover damages for personal injuries, etc., the third-party defendant appeals from a judgment of the Supreme Court, Kings County (Bernstein, J.), entered May 16, 1991, which, upon granting the third-party plaintiffs motion to set aside a jury verdict attributing 70% of the fault in the happening of the accident to it, dismissed its cross claim for contribution.
Ordered that the judgment is affirmed, with costs.
The plaintiff Arthur Jones was injured during the demolition of a building. Jones was employed by the third-party
It is well established that a municipality will not be held liable for its torts unless a duty is found running from the municipality to the injured individual (see, Florence v Goldberg, 44 NY2d 189, 194). Contrary to the contention of Scala, the situation at bar does not come within the parameters of the "imminent danger of collapse” ruling of Runkel v City of New York (282 App Div 173) since the City had already fulfilled its statutory duty to secure and demolish the unsafe building. Nor does the situation at bar come within the parameters of the "affirmative misrepresentation” ruling of Smullen v City of New York (28 NY2d 66) since the evidence adduced at trial indicated that the City inspector was not aware of the dangerous condition, did not have control over the performance of the work, and did not make any affirmative misrepresentations concerning the safety of the worksite. While Scala argues that the City is liable in tort due to a special relationship between the City and the injured plaintiff, Scala failed to demonstrate the existence of such a relationship. Scala essentially argues that the City breached a duty to the injured plaintiff by failing to perform a test which would have revealed the hazardous condition of the building. The testimony adduced at trial established that an exterior examination of the building would not have alerted the City inspector that such a test was necessary. Moreover, the performance of this test would not have constituted an affirmative undertaking by the City for the benefit of Jones. Scala, as the injured plaintiff’s employer, had a duty to acquaint itself with the condition of the building for the benefit of the injured
We further find that the trial court did not err in refusing to charge the jury that the City could be found liable pursuant to Labor Law §§ 200, 240, or 241, since there was no proof of the City’s ownership of the building (see, Hauser v State of New York, 147 AD2d 615). Kooper, J. P., Sullivan, Lawrence and Rosenblatt, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.