RODRIGUEZ v. [And Other Actions]. (1997)

Supreme Court, Appellate Division, First Department, New York.

Ramon RODRIGUEZ, Plaintiff-Appellant, v. C.F. LEX ASSOCIATES, Defendant-Respondent. [And Other Actions].

Decided: January 28, 1997

Before SULLIVAN, J.P., and MILONAS, ROSENBERGER and TOM, JJ.

Edward T. Cooper, for Plaintiff-Appellant. Barry K. Myrvold, for Defendant-Respondent.

Order, Supreme Court, New York County (Robert Lippmann, J.), entered on or about May 22, 1995, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Washing a sidewalk, as alleged herein, is not inherently dangerous work such as might render a building owner liable for the negligence of an independent contractor (see, Fischer v. Battery Bldg. Maintenance Co., 135 A.D.2d 378, 379, 521 N.Y.S.2d 678). Thus, the abutting owner is not liable for the acts of the independent contractor it retained to sweep and hose down the sidewalk where the accident occurred.

MEMORANDUM DECISION.

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