Opinion
No. 1362.
June 19, 2007.
Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered February 6, 2007, which denied defendant P M's motion for summary judgment dismissing the complaint as against it, unanimously affirmed, with costs.
Conway, Farrell, Curtin Kelly, P.C., New York (Debra Takakjian of counsel), for appellant.
Martin L. Ginsberg, P.C., Kew Gardens (Susan R. Nudelman of counsel), for respondent.
Before: Marlow, J.P., Williams, Gonzalez, Catterson and McGuire, JJ.
The motion court correctly found a factual issue as to whether the independent contractor hired by P M created the condition that caused the kitchen cabinet to fall on plaintiff. Pursuant to Multiple Dwelling Law § 78, defendant had a nondelegable duty to maintain plaintiffs apartment in good repair, and may be vicariously liable for negligence on the part of the independent contractor in performing repairs ( see Dowling v 257 Assoc., 235 AD2d 293; Jacobson v 142 E. 16 Coop. Owners, 295 AD2d 211).
We have considered P M's remaining arguments and find them unavailing.