Bach v. Emery Air Freight Corp.
| Decision Date | 02 March 1987 |
| Parties | Kevin BACH, et al., Plaintiffs-Respondents v. EMERY AIR FREIGHT CORP., Defendant First Third-Party Plaintiff-Appellant, M. Parisi & Sons Construction Co., Inc., Defendant-Respondent, et al., Defendant; Caruso & Son Construction Co., First Third-Party Defendant-Respondent. (and a second third-party title) |
| Court | New York Supreme Court — Appellate Division |
A. Paul Goldblum, Brooklyn (Debra B. DiCicco, of counsel), for defendant first third-party plaintiff-appellant.
Kelly, Eckhaus & Mohen, New York City (Richard B. Kelly and Stephen Ianello, of counsel), for plaintiffs-respondents.
Before MOLLEN, P.J., and LAWRENCE, KUNZEMAN and SULLIVAN, JJ.
MEMORANDUM BY THE COURT.
In a negligence action to recover damages for personal injuries, etc., the defendant first third-party plaintiff Emery Air Freight Corp. (hereinafter Emery) appeals from so much of an order of the Supreme Court, Queens County (Durante, J.), dated April 18, 1986, as denied its cross motion for summary judgment dismissing the complaint and the cross claims insofar as asserted against it.
ORDERED that the order is reversed insofar as appealed from, on the law, with costs, Emery's cross motion for summary judgment is granted, and the complaint and cross claims, insofar as they are asserted against Emery, are dismissed.
The plaintiff Kevin Bach was allegedly injured when he fell from a ladder at a construction site. Uncontroverted documentary evidence indicates that the property on which the accident occurred was leased for a 60-year term first by the City of New York to the New York City Public Development Corporation, which then leased the property to the defendant M. Parisi & Son Construction Co. (hereinafter Parisi) for purposes of constructing a building to house a light industrial facility to supply aviation services within the city "in order to promote and increase employment opportunities within the As landlord, Parisi then leased the property to Emery for a 20-year term to commence following substantial completion of the planned building and issuance of a temporary certificate of occupancy. The proposed construction plans for the planned building, approved by Emery, were annexed to the lease, and Parisi was to apply for a building permit following the execution of the lease. Construction as agreed upon thereafter began, and Parisi arranged for the necessary subcontractors, among whom was the first third-party defendant-respondent Caruso & Son Construction Co. (hereinafter Caruso), hired to perform the necessary electrical work. On June 25, 1980, the plaintiff, an employee of Caruso, was allegedly injured in the course of his employment...
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