A Dec. 1, 2021 decision from the New York State Supreme Court, New York County, by Justice Judith Reeves McMahon in Gundlach, Plaintiff, v. Jaehon Kim, et. al., 73 Misc.3d 1227(A) (N.Y. Sup. Ct. 2021), involves oft-encountered situation—a condominium unit owner's request that a building employee perform a small side job which is not part of that employee's ordinary duties for its employer. Unfortunately for the board of managers involved in this case, it may be liable for personal injuries which occurred solely inside the apartment.

As cooperative and condominium attorneys, we frequently encounter residents' requests that building employees perform tasks inside an apartment, such as installing a faucet, hanging an oversized picture or, as is the case in Gundlach, installing a ceiling fan. For residents, asking a building employee to handle such side jobs may seem more like a rule, rather than the exception. Gundlach, however, illuminates the risks that may await a board when one of these small side jobs goes awry, and serves as a cautionary tale.

The facts are as follows: Plaintiff Daniel Gundlach brought a complaint under Index No. 805225/2018 in the New York State Supreme Court, County of New York against defendants Jaehon Kim, Manhattan Surgery Center, Wallack Management Co., and Katherine Witherell. Mr. Gundlach's complaint related to a hand injury he sustained due to Ms. Witherell's living room ceiling fan. Apparently, Mr. Gundlach's left ring finger struck the ceiling fan when he raised his arms above his head to make his guest bed for the night. After the impact, he was taken to Mount Sinai Hospital for treatment, was diagnosed with a broken finger, required surgery and other treatment. Id. After the surgery, there were complications, including infection and deformities of his hand. Id.