Aleksey Guryev, Appellant v. Gregory Tomchinsky, et al., Defendants 200 Riverside Boulevard at Trump Place, et al., Respondents

Defendants Gregory and Marina Tomchinsky own a residential apartment at 200 Riverside Boulevard at Trump Place, a 47-story building located at 200 Riverside Boulevard in Manhattan, which is organized as a condominium (see Real Property Law, article 9-B [Condominium Act]). The other defendants in this action are the condominium; its Board of Managers (the Board), the entity responsible for the building’s day-today operation and management; and the Trump Corporation (Trump), the Board’s managing agent (collectively, the condominium defendants).

In 2007, the Tomchinskys sought to renovate their apartment before moving in. The Board approved the project, as required by the condominium’s by-laws, subject to the terms and conditions of an Alteration Agreement entered into by Mr. Tomchinsky, as unit owner,¹ and the Board, as agent for the building’s other unit owners.² The Tomchinskys hired defendant YZ Remodeling, Inc. (YZ) to perform the work. Plaintiff Aleksey Guryev, an employee of YZ, was allegedly injured while using a nail gun to install base moldings in the apartment when a nail ricocheted and struck his eye.