Forbes v. Equity One Ne. Portfolio, Inc.
| Citation | 212 A.D.3d 780,183 N.Y.S.3d 428 |
| Docket Number | 2021–02311,Index No. 619862/16 |
| Decision Date | 25 January 2023 |
| Parties | Glenn FORBES, plaintiff-respondent, v. EQUITY ONE NORTHEAST PORTFOLIO, INC., defendant-respondent, World Maintenance, LLC, appellant, et al., defendant. |
| Court | New York Supreme Court Appellate Division |
212 A.D.3d 780
183 N.Y.S.3d 428
Glenn FORBES, plaintiff-respondent,
v.
EQUITY ONE NORTHEAST PORTFOLIO, INC., defendant-respondent,
World Maintenance, LLC, appellant, et al., defendant.
2021–02311
Index No. 619862/16
Supreme Court, Appellate Division, Second Department, New York.
Argued—October 11, 2022
January 25, 2023
Wilson Elser Moskowitz Edelman & Dicker LLP, New York, NY (I. Elie Herman, Ilysa Cholewa, and Patrick J. Lawless of counsel), for appellant.
Kujawski & Kujawski, Deer Park, NY (Mark Kujawski and Jennifer A. Spellman of counsel), for plaintiff-respondent.
MARK C. DILLON, J.P., ROBERT J. MILLER, LINDA CHRISTOPHER, BARRY E. WARHIT, JJ.
DECISION & ORDER
In a consolidated action to recover damages for personal injuries, the defendant World Maintenance, LLC, appeals from an order of the Supreme Court, Suffolk County (Martha L. Luft, J.), dated March 12, 2021. The order, insofar as appealed from, denied those branches of the motion of the defendant World Maintenance, LLC, which were for summary judgment dismissing the complaint insofar as asserted against it and the cross-claim for contractual indemnification asserted against it by the defendant Equity One Northeast Portfolio, Inc., and on
its cross-claim for contractual indemnification asserted
against the defendant Equity One Northeast Portfolio, Inc.
ORDERED that the order is modified, on the law, by deleting the provisions thereof denying those branches of the motion of the defendant World Maintenance, LLC, which were for summary judgment dismissing the complaint insofar as asserted against it and the cross-claim for contractual indemnification asserted against it by the defendant Equity One Northeast Portfolio, Inc., and substituting therefor provisions granting those branches of the motion; as so modified, the order is affirmed insofar as appealed from, with one bill of costs to the defendant World Maintenance, LLC, payable by the plaintiff.
The plaintiff commenced this consolidated action to recover damages for personal injuries allegedly resulting from a slip and fall on black ice in a parking lot owned by the defendant Equity One Northeast Portfolio, Inc. (hereinafter Equity). The factual background of this appeal is set forth in greater detail in our decision and order on a related appeal (see Forbes v. Equity One Northeast Portfolio, Inc., ––– A.D.3d ––––, ––– N.Y.S.3d ––––, 2023 WL 380060 [Appellate Division Docket No. 2020–00799 ; decided herewith]). As relevant here, the defendant World Maintenance, LLC (hereinafter WM), an alleged snow removal contractor, moved, inter alia, for summary judgment dismissing the complaint insofar as asserted against it and Equity's cross-claim for contractual indemnification asserted against it, and...
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