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MARCINAK v. TECHNICAL MECHANICAL SERVICES, INC.

17 A.D.3d 140 (2005)

793 N.Y.S.2d 350

STEVEN G. MARCINAK, Respondent, v. TECHNICAL MECHANICAL SERVICES, INC., Appellant. STEVEN G. MARCINAK, Plaintiff, v. CHASE MANHATTAN BANK et al., Respondents, et al., Defendant.

Appellate Division of the Supreme Court of the State of New York, First Department.

April 7, 2005.

Technical, which contracted to service certain aspects of the refrigeration units at issue, did not have the kind of comprehensive and exclusive contract that would displace building owner Chase's normal duty to maintain the premises in a safe manner (see Palka v Servicemaster Mgt. Servs. Corp., 83 N.Y.2d 579 [1994]). Indeed, the facts establish that Chase's managing agent had a continuous...

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