Camaj v. East 52nd Partners

In Camaj v. East 52nd Partners, 215 AD2d 150 [1st Dept 1995] the Court granted the owner indemnification against the maintenance contractor, noting that the "[owner's] liability arose, if at all, solely by reason of its nondelegable duty. Actual negligence, if found, must be attributable to the acts or omissions of [the maintenance contractor]" (Camaj, 215 AD2d at 152). In that case, the owner promptly notified the maintenance contractor of trouble with the elevator, and the plaintiff was injured in the elevator when it dropped and bounced several times shortly after the repair work was completed (id. at 151).