Opinion
1602
September 24, 2002.
Order, Supreme Court, Bronx County (Barry Salman, J.), entered November 1, 2001, which, in an action for personal injuries allegedly sustained when plaintiff, while walking in front of a building managed by one appellant and under the receivership of the other, was struck by an object being lowered from the building's roof by third-party defendant, insofar as appealed from, denied appellants' motion for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.
DOUGLAS H. SANDERS, for plaintiff-respondent.
STEVEN F. GRANVILLE, for defendants/third-party plaintiffs-appellants.
Before: Nardelli, J.P., Saxe, Buckley, Ellerin, Marlow, JJ.
Appellants' motion for summary judgment was properly denied. Defendants, who operated and controlled the building abutting the public sidewalk, had a non-delegable duty to maintain said building in a manner not to cause injury to those lawfully on the sidewalk such as plaintiff and could be held liable for a dangerous condition, even if caused by an independent contractor (see Rothstein v. State of New York, 284 A.D.2d 130, 131).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.