Carmen Pesante v. Vertical Industrial Development Corp
Cases that cite this one
3 later published cases cite this decision.
- Monroy v. Lexington Operating Partners, LLC (Appellate Division of the Supreme Court of New York 2020)
- Ain v. Allstate Ins. Co. (Appellate Division of the Supreme Court of New York 2020)
- Davis v. Eab-Tab Enters. (Appellate Division of the Supreme Court of New York 2018)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative.
Defendants Vertical Industrial Development Corp. and Rentar Development Corp. owed plaintiff a nondelegable duty to keep the premises safe (see Rosenberg v Equitable Life As *984 sur. Socy. of U.S., 79 NY2d 663, 668 [1992], rearg dismissed 82 NY2d 825 [1993]). Triable issues of fact exist regarding whether the security firm hired as an independent contractor by Vertical and Rentar was negligent in performing its duties and whether Vertical and Rentar could be held vicariously liable as a result. Accordingly, the Appellate Division properly denied the motion for summary judgment seeking dismissal of the complaint insofar as asserted against Vertical and Rentar.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, and certified question answered in the affirmative, in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.