Contractor Escapes Negligence and Indemnity Liability
Luby v. Rotterdam Square, L.P., 850 N.Y.S.2d 252 (N.Y. App. Div. 2008)
In this negligence action, plaintiff sustained injuries when he fell over a transition flare of a handicapped ramp. That ramp had been constructed by defendant Clifford H. Quay & Sons fourteen years earlier pursuant to a contract between Quay and another defendant, Rotterdam Square. The architectural firm that designed the plans pursuant to which the ramp was constructed was also named as a defendant. Two issues were at stake.