Baek v. Red Cap Servs., Ltd.

• Decision Date: 10 June 2015
• Docket Number: 2013-07033
• Citation: 2015 N.Y. Slip Op. 04794,10 N.Y.S.3d 599,129 A.D.3d 752
• Parties: Bruce BAEK, plaintiff-respondent, v. RED CAP SERVICES, LTD., defendant-respondent, Lincoln Plaza Associates South, et al., appellants, et al., defendants.
• Court: New York Supreme Court — Appellate Division

129 A.D.3d 752
10 N.Y.S.3d 599
2015 N.Y. Slip Op. 04794

Bruce BAEK, plaintiff-respondent
v.
RED CAP SERVICES, LTD., defendant-respondent
Lincoln Plaza Associates South, et al., appellants, et al., defendants.

2013-07033

Supreme Court, Appellate Division, Second Department, New York.

June 10, 2015.

10 N.Y.S.3d 601

Margaret G. Klein, New York, N.Y. (Connors & Connors, P.C. [David S. Heller ], of counsel), for appellants.

Certain & Zilberg, PLLC, New York, N.Y. (Gary Certain of counsel), for plaintiff-respondent.

Harris, King & Fodera (Mauro Lilling Naparty, LLP [Matthew W. Naparty and Gregory A. Cascino ], of counsel), for defendant-respondent.

WILLIAM F. MASTRO, J.P., RUTH C. BALKIN, SANDRA L. SGROI, and COLLEEN D. DUFFY, JJ.

Opinion

129 A.D.3d 752

In an action to recover damages for personal injuries, the defendants Lincoln Plaza Associates South, Lincoln Plaza Associates South, LLC, and Milford Management Corp. appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Lewis, J.), entered June 4, 2013, as denied their motion for summary judgment dismissing the complaint insofar as asserted against them and on their cross claims for indemnification against the defendant Red Cap Services, Ltd., and granted that branch of the plaintiff's cross motion which was for summary judgment on the issue of liability against Milford Management Corp.

ORDERED that the appeal by the defendants Lincoln Plaza Associates South and Lincoln Plaza Associates South, LLC, from so much of the order as granted that branch of the plaintiff's cross motion which was for summary judgment on the issue of liability against Milford Management Corp. is dismissed, as those defendants are not aggrieved by that portion of the order appealed from (see CPLR 5511 ; Mixon v. TBV, Inc., 76 A.D.3d 144, 904 N.Y.S.2d 132 ); and it is further,

ORDERED that the order is modified, on the law, (1) by deleting the provision thereof denying that branch of the motion of the defendants Lincoln Plaza Associates South, Lincoln Plaza Associates South, LLC, and Milford Management Corp. which was for summary judgment dismissing the complaint insofar as asserted against the defendants Lincoln Plaza Associates South and Lincoln Plaza Associates South, LLC, and substituting therefor a provision granting that branch of the motion, (2) by deleting the provision thereof denying that branch of the motion of the defendants Lincoln Plaza Associates South, Lincoln Plaza Associates South, LLC, and Milford Management Corp. which was for summary judgment on their cross claims for common-law indemnification against the defendant Red Cap Services, Ltd., and substituting therefor provisions granting that branch of the motion insofar as asserted by the defendant Milford Management Corp., and denying, as academic, that branch of the motion insofar as asserted by the defendants Lincoln Plaza Associates South and Lincoln Plaza Associates South, LLC, and (3) by deleting the provision thereof...