Glover v. John Tyler Enters., Inc.

• Decision Date: 17 December 2014
• Docket Number: 2014-02505
• Citation: 2014 N.Y. Slip Op. 08809,999 N.Y.S.2d 150,123 A.D.3d 882
• Parties: Jennifer GLOVER, appellant, v. JOHN TYLER ENTERPRISES, INC., et al., defendants, One–A Cleaning & Maintenance Corp., respondent.
• Court: New York Supreme Court — Appellate Division

123 A.D.3d 882
999 N.Y.S.2d 150
2014 N.Y. Slip Op. 08809

Jennifer GLOVER, appellant
v.
JOHN TYLER ENTERPRISES, INC., et al., defendants
One–A Cleaning & Maintenance Corp., respondent.

2014-02505

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

Dec. 17, 2014.

999 N.Y.S.2d 151

Sim & Record, LLP, Bayside, N.Y. (Sang J. Sim of counsel), for appellant.

McCabe, Collins, McGeough & Fowler, LLP, Carle Place, N.Y. (Patrick M. Murphy of counsel), for respondent.

PETER B. SKELOS, J.P., RUTH C. BALKIN, LEONARD B. AUSTIN, BETSY BARROS, JJ.

Opinion

123 A.D.3d 882

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Lewis, J.), dated January 17, 2014, which granted the motion of the defendant One–A Cleaning & Maintenance Corp. for summary judgment dismissing the complaint insofar as asserted against it.

ORDERED that the order is affirmed, with costs.

The plaintiff allegedly slipped on a wet floor at the premises of her employer. She commenced this action against, among others, One–A Cleaning and Maintenance Corp. (hereinafter One–A), which had contracted to provide cleaning services at the premises. After discovery was completed, One–A moved for summary judgment dismissing the complaint insofar as asserted against it. The Supreme Court granted the motion, and the plaintiff appeals.

Generally, a contractual obligation, standing alone, will not give rise to tort liability in favor of a third party (see Espinal v. Melville Snow Contrs., 98 N.Y.2d 136, 138–139, 746 N.Y.S.2d 120, 773 N.E.2d 485 ; Bodenmiller v. Thermo Tech Combustion, Inc., 80 A.D.3d 719, 719, 915 N.Y.S.2d 312 ; Schwint v. Bank St. Commons, LLC, 74 A.D.3d 1312, 1313, 904 N.Y.S.2d 220 ). Nonetheless, the Court of Appeals has recognized three exceptions to this general rule: (1) where the contracting party, in failing to exercise reasonable care in the performance of his or...