The Appellate Division unanimously reversed, on the law, the Order which granted petitioner's motion to serve a late notice of claim nunc pro tunc, denied the motion, and dismissed the petition. It is well settled that as an out-of-possession title owner, the Dormitory Authority does not bear liability for personal injuries suffered at CUNY buildings. Because the agency surrenders all control and possession to CUNY once a building is completed, it is not subjected to non-delegable duties that owners may have, such as providing safe working conditions pursuant to Labor Law 240(1) and 241(6).
Matter of Bento v. Dormitory Auth. of the State of N.Y., NY Slip Op 06698 (1st Dep't November 17, 2020)
