In Ingleton v. Brooks Shopping Centers, the Appellate Division, First Department affirmed the denial of summary judgment to defendant ECI Contracting. The court held:
ECI’s motion was properly denied in this action where plaintiff Norma Ingleton alleges that she was injured after falling on a staircase constructed by ECI. Although a contractual obligation does not generally give rise to tort liability in favor of a third party such as plaintiff, a contractor is potentially liable in tort to third persons when the contracting party, in failing to exercise reasonable care in the performance of its duties, launches a force or instrument of harm. Here, ECI failed to proffer sufficient evidence showing that the staircase was properly constructed or inspected in a reasonable and prudent manner prior to the accident.