Pappas v. Greater New York Savings Bank , 747 N.Y.2d 176 ( 2002 )

Appellants’ motion for summary judgment was properly denied. Appellants, who operated and controlled the building abutting the public sidewalk, had a nondelegable duty to maintain said building in a manner not to cause injury to those lawfully on the sidewalk such as plaintiff and could be held liable for a dangerous condition, even if caused by an independent contractor (see Rothstein v State of New York, 284 AD2d 130, 131). Concur — Nardelli, J.P., Saxe, Buckley, Ellerin and Marlow, JJ.