O&B Helps Teachers Insurance and Annuity Association win Rules of Ownership Verdict
2006

On October 19, 2006, the Appellate Division, First Department affirmed the Supreme Court's granting of summary judgment to O&B's client Teachers Insurance and Annuity Association (TIAA) after oral arguments in Ines Aparicio, et al., v Acme American Repair, Inc. et al. and Teachers Insurance and Annuity Association. In this case, plaintiffs were employees of Wood Dining Services, a food services company that was under contract with TIAA to provide food services on TIAA's premises. Plaintiffs were injured when a large tilting steam kettle tipped unexpectedly spilling steaming water onto plaintiffs.

On behalf of TIAA, attorney Bennett Katz presented to the Court evidence that the Woods/Teachers contract made maintenance of the steam kettle Woods' responsibility and that as owner of the premises, TIAA was not liable for the "method and manner of Wood's maintenance of the kettle." The Court agreed that maintenance of the kettle was not TIAA's responsibility; that TIAA exercised "no supervisory control" over the method and manner of maintenance of the kettle; and that their responsibility to provide "a safe premise" did not extend to the kettle.

To discuss this case or related matters, please contact Bennett Katz at Bennett.katz@oandb.com.