context: (See Hutzler Tr. at 104-6.) Similarly, Swinney, the NYCHA supervisor at the work site, has testified that, whenever there was a problem with the water jet not "having pressure," he would report the problem to the on-site Yankee Fiber employees and that those employees would fix, or attempt to fix, the problem. (Swinney Tr. at 38.) Accordingly, the Court finds that, drawing all reasonable inferences in plaintiffs favor, he has presented sufficient evidence to establish that Yankee Fiber owed a duty to plaintiff to take reasonable care in maintaining and/or operating the water jet.
citation_a.signal: see
citation_a.identifier: 763 N.Y.S.2d 859, 859
citation_a.parenthetical: finding that a lessor of construction equipment owed a duty of care to one of the lessee's employees that operated the equipment "arising out of [the defendant-lessor's] status as a repairer of the equipment it provided"
citation_a.sentence: See Hopps, 763 N.Y.S.2d at 859 (finding that a lessor of construction equipment owed a duty of care to one of the lessee’s employees that operated the equipment “arising out of [the defendant-lessor’s] status as a repairer of the equipment it provided”); see also Petty v. New York Cent. R.R, 322 F.Supp. 1324, 1326 (S.D.N.Y.1970) (“[I]t is clear that in the case where damages result from the lessor’s maintenance, the lessor bears the responsibility for the said damages.”).
citation_b.signal: see also
citation_b.identifier: 322 F.Supp. 1324, 1326
citation_b.parenthetical: "[I]t is clear that in the case where damages result from the lessor's maintenance, the lessor bears the responsibility for the said damages."
citation_b.sentence: See Hopps, 763 N.Y.S.2d at 859 (finding that a lessor of construction equipment owed a duty of care to one of the lessee’s employees that operated the equipment “arising out of [the defendant-lessor’s] status as a repairer of the equipment it provided”); see also Petty v. New York Cent. R.R, 322 F.Supp. 1324, 1326 (S.D.N.Y.1970) (“[I]t is clear that in the case where damages result from the lessor’s maintenance, the lessor bears the responsibility for the said damages.”).