Fung v. Japan Airlines Company, Ltd.

• Decision Date: 25 July 2006
• Docket Number: 2005-04465.
• Citation: 31 A.D.3d 707,2006 NY Slip Op 05911,820 N.Y.S.2d 89
• Parties: BRENT F. FUNG et al., Respondents, v. JAPAN AIRLINES COMPANY, LTD., et al., Defendants, and JAPAN AIRLINES MANAGEMENT CORP., Defendant and Third-Party Plaintiff-Appellant-Respondent. AERO SNOW REMOVAL CORP., Third-Party Defendant-Appellant. (And a Second Third-Party Action.) (Action No. 1.) BRENT F. FUNG et al., Respondents, v. AERO SNOW REMOVAL CORP., Appellant. (Action No. 2.)
• Court: New York Supreme Court — Appellate Division

31 A.D.3d 707

820 N.Y.S.2d 89

2006 NY Slip Op 05911

BRENT F. FUNG et al., Respondents, v. JAPAN AIRLINES COMPANY, LTD., et al., Defendants, and JAPAN AIRLINES MANAGEMENT CORP., Defendant and Third-Party Plaintiff-Appellant-Respondent.

AERO SNOW REMOVAL CORP., Third-Party Defendant-Appellant. (And a Second Third-Party Action.) (Action No. 1.)

BRENT F. FUNG et al., Respondents, v. AERO SNOW REMOVAL CORP., Appellant. (Action No. 2.)

2005-04465.

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 25, 2006.

In two related actions, inter alia, to recover damages for personal injuries, Japan Airlines Management Corp., the defendant and third-party plaintiff in action No. 1, appeals, as limited by its notice of appeal and brief, from so much of an order of the Supreme Court, Queens County (Price, J.), dated March 30, 2005, as denied that branch of its motion which was for summary judgment dismissing the complaint and all cross claims insofar as asserted against it in action No. 1, and Aero Snow Removal Corp., the third-party defendant in action No. 1 and the defendant in action No. 2, separately appeals from so much of the same order as denied its separate motions for summary judgment dismissing the third-party complaint in action No. 1 and the complaint in action No. 2.

Ordered that the order is reversed insofar as appealed from, on the law and the facts, with one bill of costs, that branch of the motion of the defendant Japan Airlines Management Corp. which was for summary judgment dismissing the complaint and all cross claims insofar as asserted against it in action No. 1 is granted, the motions of the defendant Aero Snow Removal Corp. for summary judgment dismissing the third-party complaint in action No. 1 and the complaint in action No. 2 are granted, the complaint in action No. 1 is dismissed as against the defendant Japan Airlines Management Corp., action No. 1 is severed against the remaining defendants, the third-party complaint is dismissed, and the complaint in action No. 2 is dismissed.

The injured plaintiff, Brent F. Fung, allegedly slipped and fell on a patch of ice in a parking lot that was owned by his employer, the Port Authority of New York and New Jersey (hereinafter the Port Authority). Pursuant to an agreement with the Port Authority, Japan Airlines Management Corp. (hereinafter Japan Airlines) was obligated to, among other things, contract for snow removal services for the subject parking lot. Japan Airlines entered into a contract with Aero Snow Removal Corp. (hereinafter Aero Snow) to perform...