Black v. Wallace Church Assocs.

• Decision Date: 23 February 2017
• Parties: Calvin BLACK, Plaintiff–Respondent, v. WALLACE CHURCH ASSOCIATES, et al., Defendants–Appellants, Mock Turtle Bay Properties, LLC, Defendant.
• Court: New York Supreme Court — Appellate Division

147 A.D.3d 668

46 N.Y.S.3d 891 (Mem)

2017 N.Y. Slip Op. 01480

Calvin BLACK, Plaintiff–Respondent,

v.WALLACE CHURCH ASSOCIATES, et al., Defendants–Appellants,Mock Turtle Bay Properties, LLC, Defendant.

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

Feb. 23, 2017.

Law Office of James J. Toomey, New York (Evy L. Kazansky of counsel), for appellants.

Calvin Black, respondent pro se.

Order, Supreme Court, New York County (Richard F. Braun, J.), entered January 29, 2016, which, insofar as appealed from, denied the cross motion of defendants Wallace Church Associates, Robert Wallace and Stanley Church (collectively defendants) for summary judgment dismissing the complaint and all cross claims as against them, unanimously reversed, on the law, without costs, and the cross motion granted. The Clerk is directed to enter judgment dismissing the complaint in its entirety.

Dismissal of the complaint as against defendants is warranted in this action where plaintiff janitor alleges that he was injured when he slipped on pebbles on the bathroom floor of the building he was hired to clean. It is well established that a maintenance or cleaning worker has no claim at law for injury suffered from a dangerous condition that he was hired to remedy (see Jackson v. Board of Educ. of City of N.Y., 30 A.D.3d 57, 63, 812 N.Y.S.2d 91 [1st Dept.2006] ; see also Imtanios v. Goldman Sachs, 44 A.D.3d 383, 385, 843 N.Y.S.2d 569 [1st Dept.2007], lv. dismissed 9 N.Y.3d 1028, 852 N.Y.S.2d 11, 881 N.E.2d 1198 [2008] ), and here, plaintiff stated that as part of his job cleaning the bathroom, he frequently removed the pebbles from the floor.

SWEENY, J.P., ANDRIAS, MANZANET–DANIELS, GISCHE, WEBBER, JJ., concur.