Plaintiff was injured when she fell in a sidewalk shed erected by third-party defendant York to protect pedestrians passing adjacent to construction in connection with which defendant Sentry had been retained as general contractor. Contrary to Sentry's argument, it may be liable to plaintiff even though it is not in contractual privity with her. It cannot, however, be determined on the present record whether such duty as Sentry and York owed pedestrians using the sidewalk shed was breached in plaintiff's case. There are issues of fact as to whether Sentry and York were negligent in constructing and maintaining the sidewalk shed and as to whether, if they were negligent, any such negligence caused plaintiff's harm. In particular, it cannot be said at this juncture, as a matter of law, if the shed was inadequately lit, much less whether inadequate lighting in the shed was a proximate cause of plaintiff's fall. We have considered the parties' remaining arguments for affirmative relief and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.