Finizio v. Midwest Custom Case, Inc., 2017–10295

• Court: New York Supreme Court Appellate Division
• Citation: 188 A.D.3d 1006,136 N.Y.S.3d 112
• Docket Number: Index No. 506733/13,2017–10295
• Parties: Lucia S. FINIZIO, appellant, v. MIDWEST CUSTOM CASE, INC., defendant third-party plaintiff-respondent, Sentry Facility Specialists, Inc., et al., defendants-respondents; Darren Reinhart Contracting Services, Inc., third-party defendant-respondent.
• Decision Date: 18 November 2020

188 A.D.3d 1006
136 N.Y.S.3d 112

Lucia S. FINIZIO, appellant,
v.
MIDWEST CUSTOM CASE, INC., defendant third-party plaintiff-respondent,

Sentry Facility Specialists, Inc., et al., defendants-respondents;

Darren Reinhart Contracting Services, Inc., third-party defendant-respondent.

2017–10295
Index No. 506733/13

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

Argued—March 3, 2020
November 18, 2020

136 N.Y.S.3d 113

Yadgarov & Associates, PLLC, New York, N.Y. (Ronald S. Ramo of counsel), for appellant.

Marshall, Conway & Bradley, P.C., New York, N.Y. (Lauren Turkel of counsel), for defendant third-party plaintiff-respondent.

Barry, McTiernan & Moore, LLC, New York, N.Y. (Laurel A. Wedinger of counsel), for defendant-respondent Sentry Facility Specialists, Inc.

James J. Toomey, New York, N.Y. (Evy L. Kazansky of counsel), for defendant—respondent JM General Contracting Corp.

Lester Schwab Katz & Dwyer, LLP, New York, N.Y. (Daniel S. Kotler of counsel), for third-party defendant-respondent.

MARK C. DILLON, J.P., CHERYL E. CHAMBERS, JEFFREY A. COHEN, COLLEEN D. DUFFY, JJ.

DECISION & ORDER

188 A.D.3d 1006

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Lawrence Knipel, J.), dated July 27, 2017. The order granted the defendants' separate motions, inter alia, pursuant to CPLR 3216 to dismiss the amended complaint insofar as asserted against each of them, and the third-party defendant's motion, among other things, pursuant to CPLR 3216 to dismiss the amended complaint insofar as asserted against it.

ORDERED that the order is affirmed, with one bill of costs.

The plaintiff commenced this action in October 2013, alleging that she was injured in November 2010 when a display unit fell on her while she was working at an AT & T store in New York, and that her injuries were caused by the defendants' negligence. The defendants each answered the complaint and, in August 2014, the defendant Midwest Custom Case, Inc., commenced a third-party action against Darren Reinhart

188 A.D.3d 1007

Contracting Services, Inc. (hereinafter Contracting Services). The plaintiff then served an amended complaint adding direct claims against Contracting Services.

Pursuant to a preliminary conference order dated October 19, 2015, the Supreme Court, inter...