Indence v. 225 Union Avenue Corp.

Building Worker Wins Right to Sue Property Owners

This case involved a worker named Indence who was injured while working at a building owned by 225 Union Avenue Corp. The worker sued multiple parties: the building owners (225 Union Avenue Corp. and Lennard Axinn Company), and a pharmacy tenant (Maiorino Pharmacy) that operated in the building.

Initially, a lower court dismissed the worker's lawsuit against all defendants, ruling that none of them could be held responsible. However, the worker appealed this decision to a higher court.

The appellate court partially reversed the lower court's ruling. The higher court decided that the worker could proceed with the lawsuit against the building owners, meaning there was enough evidence for a trial to determine if they were responsible for the worker's injuries. However, the court upheld the dismissal of claims against the pharmacy tenant, finding they were not liable.

What This Means for Workers: This decision shows that injured workers may have legal options against property owners, not just their direct employers. Building owners can potentially be held responsible for workplace injuries that occur on their property, depending on the circumstances. Workers should know they may be able to pursue claims against multiple parties when injured at work.