O'Connor v. Metro Mgmt. Dev., Inc.

• Decision Date: 08 July 2015
• Docket Number: 2014-00694
• Parties: Patrick O'CONNOR, et al., respondents, v. METRO MANAGEMENT DEVELOPMENT, INC., et al., appellants.
• Court: New York Supreme Court — Appellate Division

130 A.D.3d 698
15 N.Y.S.3d 59
2015 N.Y. Slip Op. 05921

Patrick O'CONNOR, et al., respondents
v.
METRO MANAGEMENT DEVELOPMENT, INC., et al., appellants.

2014-00694

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

July 8, 2015.

15 N.Y.S.3d 60

Fixler & LaGattuta LLP, New York, N.Y. (Paul F. LaGattuta III and Rick C. Kim of counsel), for appellants Metro Management Development, Inc., and Sunnyside Towers Owners Corp.

Clark, Gagliardi & Miller, P.C., White Plains, N.Y. (Robert J. Frisenda of counsel), Davis Polk & Wardwell LLP, New York, N.Y. (Frances E. Bivens and Michael Scheinkman of counsel), and David M. Santoro, New York, N.Y., for appellant Consolidated Edison Company of New York (one brief filed).

O'Dwyer & Bernstien, LLP, New York, N.Y. (Steven Aripotch and Gladys Oranga of counsel), for respondents.

JOHN M. LEVENTHAL, J.P., CHERYL E. CHAMBERS, SHERI S. ROMAN, and SYLVIA O. HINDS–RADIX, JJ.

Opinion

130 A.D.3d 698

In an action to recover damages for personal injuries, etc., the defendant Consolidated Edison Company of New York appeals from so much of an order of the Supreme Court, Queens County (Hart, J.), dated November 13, 2013, as denied its motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it, and the defendants Metro Management Development, Inc., and Sunnyside Towers Owners Corp. separately appeal, as limited by their brief, from so much of the same order as denied their motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against them.

ORDERED that the order is reversed, on the law, with one bill of costs payable by the plaintiffs to the defendants appearing separately and filing separate briefs, and the respective motions of the defendant Consolidated Edison Company of New York and the defendants Metro Management Development, Inc., and Sunnyside Towers Owners Corp. for summary judgment dismissing the complaint and all cross claims insofar as asserted against each of them are granted.

The plaintiff Patrick O'Connor (hereinafter the injured plaintiff) allegedly was injured when he fell down a flight of stairs in an interior stairwell of the cooperative apartment building in which he resided. Due to a power outage, the lights in the stairwell were not on at the time of the accident. The injured plaintiff and his wife, suing derivatively, commenced this personal injury action against the owner of the building, Sunnyside Towers Owners Corp., and the building manager, Metro Management Development, Inc. (hereinafter together the building defendants), as well as the utility that supplied electricity to the building, Consolidated Edison Company of New York (hereinafter Con Edison). Con Edison moved for summary judgment dismissing the complaint and all cross claims insofar as asserted against it,

15 N.Y.S.3d 61

and the building defendants separately moved for summary judgment dismissing the...