Negligence – Duty of Care – Liability of Builder and Architect to Third Party

The plaintiff, an infant, fell from the back porch of an apartment leased by his parents from a housing authority. The plaintiff brought actions for negligence against the architect who designed the dwelling, the builder who constructed it, and the housing authority which leased it, alleging that the back porch was so designed and constructed as to create a dangerous condition for the users thereof. The trial court dismissed the complaints against the builder and the architect. On appeal, held, reversed. Despite the lack of privity between the builder and the architect and the plaintiff, a good cause of action had been stated. Inman v. Binghamton Housing Authority, 1 App. Div. (2d) 559, 152 N.Y.S. (2d) 79 (1956).