Diaz v. Vasques

In Diaz v. Vasques, 17 AD3d 134 (1st Dept 2005) the plaintiff argued that the contractor had been negligent for failing to install additional safety devices, but the court noted that it "is well settled that a contractor is justified on relying upon the plans and specifications which he has contracted to follow unless they are so apparently defective that an ordinary builder of ordinary prudence would be put upon notice that the work was dangerous and likely to cause injury" (id. at 135 [internal quotation marks and citation omitted]). The Court in Diaz found that the roadwork plans were not so apparently defective (id. at 136 ).