Capo v. Peter & Danny Contractors (2nd. Dept 2026)
(At trial, the client building owner demonstrated that the negligence of the contractor who used an illegal torch to repair a roof leak was an unforeseeable act for which they should not be held liable under either the Fireman’s Statute (General Municipal Law §205-a) or the Multiple Dwellings Law §78. The jury ascribed 100% liability to the contractor at trial and plaintiff moved to set aside the verdict. The Appellate Division affirmed the verdict in favor of the contractor, noting that generally, one who retains an independent contractor is not liable for its negligent acts, and that none of the exceptions alleged by the plaintiff applied.)
Samantha E. Quinn.