Gounarides v. Yankee Stadium Corp.

• Decision Date: 04 February 2016
• Citation: 23 N.Y.S.3d 888 (Mem),136 A.D.3d 440
• Parties: Deborah GOUNARIDES, et al., Plaintiffs–Appellants, v. YANKEE STADIUM CORPORATION, et al., Defendants–Respondents.
• Court: New York Supreme Court — Appellate Division

136 A.D.3d 440

23 N.Y.S.3d 888 (Mem)

Deborah GOUNARIDES, et al., Plaintiffs–Appellants,

v.YANKEE STADIUM CORPORATION, et al., Defendants–Respondents.

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

Feb. 4, 2016.

Sim & Record, LLP, Bayside (Sang J. Sim of counsel), for appellants.

Gordan & Silber, P.C., New York (Andrew B. Kaufman of counsel), for respondents.

Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered September 18, 2014, which granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Summary judgment was properly granted in this action where plaintiff Deborah Gounarides, an employee of nonparty Legends Hospitality LLC (Legends), fell in the Legends Club located within Yankee Stadium. At the time of her accident, the club was open, but since it was several hours before a scheduled game, the lights were off. There is no evidence in the record that defendants owned, operated, occupied, managed or controlled the area, including any responsibility for turning on the lights (see Grullon v. City of New York, 297 A.D.2d 261, 747 N.Y.S.2d 426 [1st Dept.2002] ). That was the sole responsibility of Legends, the exclusive licensee of the area (see Peck v. 2–J, LLC, 56 A.D.3d 277, 866 N.Y.S.2d 661 [1st Dept.2008] ).

We have considered plaintiffs' remaining arguments and find them unavailing.

TOM, J.P., FRIEDMAN, SWEENY, ACOSTA, ANDRIAS, JJ., concur.