Cromwell v. CRP 482 Riverdale Ave., LLC
| Decision Date | 11 July 2018 |
| Docket Number | 2017–00206,Index No. 7742/13 |
| Citation | 163 A.D.3d 626,80 N.Y.S.3d 423 |
| Parties | Jerome CROMWELL, et al., plaintiffs-respondents, v. CRP 482 RIVERDALE AVENUE, LLC, et al., appellants; New York City Health and Hospitals Corp., et al., nonparty-respondents. |
| Court | New York Supreme Court — Appellate Division |
163 A.D.3d 626
80 N.Y.S.3d 423
Jerome CROMWELL, et al., plaintiffs-respondents,
v.
CRP 482 RIVERDALE AVENUE, LLC, et al., appellants;
New York City Health and Hospitals Corp., et al., nonparty-respondents.
2017–00206
Index No. 7742/13
Supreme Court, Appellate Division, Second Department, New York.
Argued—March 15, 2018
July 11, 2018
Hannum Feretic Prendergast & Merlino, LLC, New York, N.Y. (Matthew J. Zizzamia of counsel), for appellants.
Kenneth J. Ready, Mineola, N.Y. (Gregory S. Gennarelli of counsel), for plaintiffs-respondents.
Zachary W. Carter, Corporation Counsel, New York, N.Y. (Deborah A. Brenner and Eric Lee of counsel), for nonparty-respondents.
WILLIAM F. MASTRO, J.P., JEFFREY A. COHEN, FRANCESCA E. CONNOLLY, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER
In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Kings County (Donald Scott Kurtz, J.), dated November 1, 2016. The order denied the defendants' motion pursuant to CPLR 602(a) to join for trial this action with an action entitled Cromwell v. Brookdale University Hospital Medical Center, pending in the Supreme Court, Kings County, under Index No. 3490/14.
ORDERED that the order is affirmed, with one bill of costs.
The plaintiff Jerome Cromwell (hereinafter the injured plaintiff) allegedly injured his foot when he stepped in a rodent hole on property owned by the defendant CRP 482 Riverdale Avenue, LLC, and managed by the defendant Liberty Place
Property Management, LLC (hereinafter together the property defendants). The injured plaintiff, and his wife suing derivatively, subsequently commenced this action against the property defendants, seeking damages on theories of negligent maintenance of the property, nuisance, and breach of the warranty of habitability under Real Property Law § 235–b. Approximately one year later, the plaintiffs commenced a separate action against Brookdale University Hospital Medical Center, as well as New York City Health and Hospitals Corp. and Kings County Hospital Center (hereinafter together the City defendants), based on their treatment of Cromwell's foot injury, seeking damages under theories of medical malpractice and lack of informed consent.
Discovery was thereafter completed in this action, and...
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