Corrales v. Reckson Associates Realty Corp., 4421.

CourtNew York Supreme Court Appellate Division
Citation55 A.D.3d 469,868 N.Y.S.2d 2,2008 NY Slip Op 8189
Docket Number4421.,106510/05.
PartiesCARLOS CORRALES et al., Respondents, v. RECKSON ASSOCIATES REALTY CORP. et al., Appellants-Respondents, and ONE SOURCE FACILITY SERVICES, INC., Respondent-Appellant, et al., Defendants.
Decision Date28 October 2008
55 A.D.3d 469
868 N.Y.S.2d 2
2008 NY Slip Op 8189
CARLOS CORRALES et al., Respondents,
v.
RECKSON ASSOCIATES REALTY CORP. et al., Appellants-Respondents, and
ONE SOURCE FACILITY SERVICES, INC., Respondent-Appellant, et al., Defendants.
4421.
106510/05.
Appellate Division of the Supreme Court of the State of New York, First Department.
October 28, 2008.

Order, Supreme Court, New York County (Doris Ling-Cohan, J.), entered December 31, 2007, which denied the motion of defendants Reckson Associates Realty Corp., Reckson Management Group, Inc., Metropolitan 919 3rd Avenue LLC, H. Grant Limited Partnership and Rany Management Group, Inc. (collectively Reckson defendants) for summary judgment dismissing the complaint or, in the alternative, for conditional summary judgment on their cross claims for indemnification against defendant One Source Facility Services, Inc. (One Source), and denied One Source's motion for summary judgment dismissing the complaint and all cross claims as against it, unanimously modified, on the law, One Source's motion granted to the extent of dismissing the complaint as against it, and otherwise affirmed, without costs.


Plaintiff slipped and fell on an oily substance on the plaza outside of an office building owned or managed by the Reckson defendants, which had retained One Source to provide cleaning services for the interior and exterior of the building. Dismissal of the complaint on the basis that defendants lacked either actual or constructive notice of the hazardous condition, or that

there was a lack of evidence that an oily spot caused plaintiff to slip, was properly denied (see e.g. Gordon v American Museum of Natural History, 67 NY2d 836 [1986]). Triable issues of fact regarding notice and causation were raised by the deposition testimony of a nonparty witness to plaintiff's fall, who stated that she had seen the oily spot and reported it to an agent of the building one or two days prior to the accident (see Lorenzo v Plitt Theatres, 267 AD2d 54, 55-56 [1999]).

However, dismissal of the complaint as against One Source is warranted, since none of the exceptions to the general rule that a contractor does not owe a duty of care to a noncontracting third party are applicable (see e.g. Espinal v Melville Snow Contrs., 98 NY2d 136, 140 [2002]). The record demonstrates that One Source's service contract with the Reckson defendants was not "comprehensive and exclusive" (Palka v Servicemaster Mgt. Servs...

To continue reading

Request your trial
7 practice notes
  • Tuchman v. Deam Props. (Us), LLC, Index No. 101056/2010
    • United States
    • United States State Supreme Court (New York)
    • April 25, 2014
    ...2007). See Eliasberg v. Memorial Sloan-Kettering Cancer Ctr., 79 A.D.3d 628 (1st Dep't 2010); Corrales v. Reckson Assoc. Realty Corp., 55 A.D.3d 469. 470 (1st Dep't 2008). Short of summary judgment dismissing the complaint against Everest Realty, it seeks summary judgment dismissing plainti......
  • Torres v. Merrill Lynch Purchasing, Index No. 25001/2003
    • United States
    • New York Supreme Court
    • June 9, 2011
    ...comprehensive and exclusive as to find a duty under the third exception to the general rule. See Corrales v. Reckson Assoc. Realty Corp., 55 A.D.3d 469, 868 N.Y.S.2d 2 (1st Dep't 2008); cf. Brown v. Simone Dev. Co., L.L.C., 2011 N.Y. App. Div. LEXIS 3062 (1st Dep't Apr. 19, 2011). Nor is th......
  • Summers v. Chelsea Piers Mgmt. Inc.,
    • United States
    • New York Supreme Court Appellate Division
    • March 15, 2017
    ...management agreement such to displace Chelsea Piers' duty to safely maintain the premises (see Corrales v. Reckson Assoc. Realty Corp., 55 A.D.3d 469, 868 N.Y.S.2d 2 [1st Dept.2008] ). Because MarineMax neither owned, occupied, or controlled the pier where plaintiff's fall occurred, it was ......
  • Narvaez v. 2914 Third Ave. Bronx Llc
    • United States
    • New York Supreme Court Appellate Division
    • October 13, 2011
    ...see Bellefleur v. Newark Beth Israel Med. Ctr., 66 A.D.3d 807, 808–809, 888 N.Y.S.2d 81 [2009]; Corrales v. Reckson Assoc. Realty Corp., 55 A.D.3d 469, 868 N.Y.S.2d 2 [2008]; cf. [88 A.D.3d 502] Masciotta v. Morse Diesel Intl., 303 A.D.2d 309, 758 N.Y.S.2d 286 [2003]...
  • Request a trial to view additional results
7 cases
  • Tuchman v. Deam Props. (Us), LLC, Index No. 101056/2010
    • United States
    • United States State Supreme Court (New York)
    • April 25, 2014
    ...2007). See Eliasberg v. Memorial Sloan-Kettering Cancer Ctr., 79 A.D.3d 628 (1st Dep't 2010); Corrales v. Reckson Assoc. Realty Corp., 55 A.D.3d 469. 470 (1st Dep't 2008). Short of summary judgment dismissing the complaint against Everest Realty, it seeks summary judgment dismissing plainti......
  • Torres v. Merrill Lynch Purchasing, Index No. 25001/2003
    • United States
    • New York Supreme Court
    • June 9, 2011
    ...comprehensive and exclusive as to find a duty under the third exception to the general rule. See Corrales v. Reckson Assoc. Realty Corp., 55 A.D.3d 469, 868 N.Y.S.2d 2 (1st Dep't 2008); cf. Brown v. Simone Dev. Co., L.L.C., 2011 N.Y. App. Div. LEXIS 3062 (1st Dep't Apr. 19, 2011). Nor is th......
  • Summers v. Chelsea Piers Mgmt. Inc.,
    • United States
    • New York Supreme Court Appellate Division
    • March 15, 2017
    ...management agreement such to displace Chelsea Piers' duty to safely maintain the premises (see Corrales v. Reckson Assoc. Realty Corp., 55 A.D.3d 469, 868 N.Y.S.2d 2 [1st Dept.2008] ). Because MarineMax neither owned, occupied, or controlled the pier where plaintiff's fall occurred, it was ......
  • Narvaez v. 2914 Third Ave. Bronx Llc
    • United States
    • New York Supreme Court Appellate Division
    • October 13, 2011
    ...see Bellefleur v. Newark Beth Israel Med. Ctr., 66 A.D.3d 807, 808–809, 888 N.Y.S.2d 81 [2009]; Corrales v. Reckson Assoc. Realty Corp., 55 A.D.3d 469, 868 N.Y.S.2d 2 [2008]; cf. [88 A.D.3d 502] Masciotta v. Morse Diesel Intl., 303 A.D.2d 309, 758 N.Y.S.2d 286 [2003]...
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT