Rogers v. Dorchester Assocs

In Rogers v. Dorchester Assocs. (32 NY2d 553 [1973]) a case in which the property owner had entered into an exclusive maintenance agreement with Otis Elevator Company ("Otis"), it was held there that the owner was liable to the injured party pursuant to statute but that indemnification was not barred because of the owner's nondelegable duty; as between the owner and Otis the former "had the right, under the maintenance contract, to look to Otis to perform [the owner's] entire duty to plaintiff" (id. at 563). The Courtof Appeals reinstated the judgment against the defendant elevator maintenance company, and granted judgment in favor of the owner and manager of an apartment building on their cross claim against the elevator company, observing that there was "evidence that the door had malfunctioned during the six months preceding the accident from which the jury might infer that the elevator company negligently performed its undertaking to repair and maintain the elevator. Since the elevator company had agreed to perform all required maintenance, negligence by the owner and manager in the performance of their nondelegable duties to maintain the elevator arose solely through the acts or omissions of the elevator company (id. at 557).