February 23, 2010

Torts.

Practice point: Awareness of a compressor's internal leak does not raise an issue of fact as to defendant's actual or constructive notice of oil on the floor.

Students should note that, absent a maintenance contract, an independent contractor has no duty to install safety devices or to inspect or warn of alleged defects.

Case: Bevilacqua v. Bloomberg, L.P., NY Slip Op 00728 (1st Dept. 2010)

The opinion is here.

Tomorrow's issue: Landlord-Tenant Law.