New York Court of Appeals

Brian Bittrolff v. Ho's Development Corp., (And a Third-Party Action.)

March 27, 199177 N.Y.2d 896

Summary

The Court of Appeals affirmed the Appellate Division's dismissal of the plaintiff's claims against the City of New York, holding that the City is not liable for dangerous conditions in the building. The Court rejected both the narrow exception for prior owners and a proposed exception based on retained control, finding no statutory duty or sufficient control to impose liability.