Corrales v. Reckson Associates Realty Corp., 4421.

Citation55 A.D.3d 469,868 N.Y.S.2d 2,2008 NY Slip Op 8189
Decision Date28 October 2008
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.
CourtNew York Supreme Court Appellate Division

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. Corp., 83 NY2d 579,...

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  • Tuchman v. Deam Props. (Us), LLC
    • 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
    • United States State Supreme Court (New York)
    • 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......
  • 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]...
  • 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 ......
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