Evans v. Norecaj
| Decision Date | 23 May 2019 |
| Docket Number | 83873/14,9018,Index 301983/13 |
| Citation | 102 N.Y.S.3d 15,172 A.D.3d 576 |
| Parties | Freddie EVANS, Plaintiff–Respondent, v. Robert NORECAJ, Defendant, Mark Gjurashaj, Defendant–Respondent, Dolphin Restaurant Bar Lounge, et al., Defendants–Appellants. Dolphin Restaurant Bar Lounge, et al., Third–Party Plaintiffs–Appellants, v. APV Valet Parking Corp., Third–Party Defendant–Respondent, Robert Norecaj, Defendant. |
| Court | New York Supreme Court — Appellate Division |
172 A.D.3d 576
102 N.Y.S.3d 15
Freddie EVANS, Plaintiff–Respondent,
v.
Robert NORECAJ, Defendant,
Mark Gjurashaj, Defendant–Respondent,
Dolphin Restaurant Bar Lounge, et al., Defendants–Appellants.
Dolphin Restaurant Bar Lounge, et al., Third–Party Plaintiffs–Appellants,
v.
APV Valet Parking Corp., Third–Party Defendant–Respondent,
Robert Norecaj, Defendant.
9018
Index 301983/13
83873/14
Supreme Court, Appellate Division, First Department, New York.
ENTERED: MAY 23, 2019
Burke, Conway & Dillon, White Plains (Jayne F. Monahan of counsel), for appellants.
The Altman Law Firm, PLLC, Woodmere (Michael T. Altman of counsel), for Freddie Evans, respondent.
Mead, Hecht, Conklin & Gallagher, LLP, White Plains (Sara Luca Salvi of counsel), for Mark Gjurashaj, respondent.
Lester Schwab Katz & Dwyer, LLP, New York (Paul M. Tarr of counsel), for APV Valet Parking Corp., respondent.
Richter, J.P., Manzanet–Daniels, Kahn, Gesmer, Oing, JJ.
Order, Supreme Court, Bronx County (Julia I. Rodriguez, J.), entered on or about March 29, 2018, which, to the extent appealed from, denied the motion of defendants Dolphin Restaurant Bar Lounge and WSH Group 1 LLC (collectively Dolphin) for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.
Dolphin failed to demonstrate a prima facie entitlement to judgment as a matter of law. The parties' deposition testimony raised material issues of fact as to whether, and to what extent, Dolphin can be held liable for the negligence, if any, of its valet parking service, third-party defendant APV Valet Parking Corporation (APV).
A restaurant providing valet parking services can be held liable for the negligence of the service whose attendants are alleged to have caused an accident to a third party. This is the case even where the service is an independent contractor with which the restaurant has contracted (see Spadaro v. Parking Sys. Plus, Inc., 113 A.D.3d 833, 979 N.Y.S.2d 627 [2d Dept....
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