Christopher Sanatass, Appellants v. Consolidated Investing Company, Inc., Respondents…

Summary

The New York Court of Appeals held that the building owner is strictly liable under Labor Law §240(1) for injuries caused by an alteration performed by a tenant’s contractor, even without the owner’s knowledge or consent, and affirmed that the plaintiff’s work constituted an alteration; the Court reversed the Appellate Division and granted partial summary judgment to the plaintiffs. Justice Smith dissented, arguing that the owner should not be liable absent a nexus and should follow Abbatiello.