Kim v. Park Hill Owners, Inc.

• Decision Date: 21 April 2021
• Docket Number: 2018-12149,Index No. 503868/13
• Citation: 193 A.D.3d 918,142 N.Y.S.3d 423 (Mem)
• Parties: Jeanne KIM, plaintiff, v. PARK HILL OWNERS, INC., et al., appellants, et al., defendants, Ultimate Elevator Corp., respondent.
• Court: New York Supreme Court — Appellate Division

193 A.D.3d 918
142 N.Y.S.3d 423 (Mem)

Jeanne KIM, plaintiff,
v.
PARK HILL OWNERS, INC., et al., appellants, et al., defendants,

Ultimate Elevator Corp., respondent.

2018-12149
Index No. 503868/13

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

Argued—February 11, 2021
April 21, 2021

Michael Pressman (Stuart B. Cholewa and Mauro Lilling Naparty LLP, Woodbury, N.Y. [Matthew W. Naparty and Anthony F. Destefano ], of counsel), for appellants.

Gallo Vitucci Klar LLP, New York, N.Y. (Andrew N. Fluger of counsel), for respondent.

REINALDO E. RIVERA, J.P., CHERYL E. CHAMBERS, ANGELA G. IANNACCI, PAUL WOOTEN, JJ.

142 N.Y.S.3d 424

DECISION & ORDER

In an action to recover damages for personal injuries, the defendants Park Hill Owners, Inc., and Triboro Management, Inc., appeal from an order of the Supreme Court, Kings County (Edgar G. Walker, J.), dated September 7, 2018. The order, insofar as appealed from, granted the motion of the defendant Ultimate Elevator Corp. for summary judgment dismissing the complaint and all cross claims insofar as asserted against it.

ORDERED that the appeal from so much of the order as granted that branch of the motion of the defendant Ultimate Elevator Corp. which was for summary judgment dismissing the complaint insofar as asserted against it is dismissed, as the defendants Park Hill Owners, Inc., and Triboro Management, Inc., are not aggrieved by that portion of the order (see CPLR 5511 ; Mixon v. TBV, Inc., 76 A.D.3d 144, 156–157, 904 N.Y.S.2d 132 ); and it is further,

ORDERED that the order is affirmed insofar as reviewed; and it is further,

ORDERED that one bill of costs is awarded to the defendant Ultimate Elevator Corp.

The plaintiff allegedly was injured when she tripped while stepping into an elevator that was not flush with the landing. She commenced this action against, among others, the defendants Park Hill Owners, Inc. (hereinafter Park Hill), Triboro Management, Inc. (hereinafter Triboro), and Ultimate Elevator Corp. (hereinafter Ultimate). Park Hill and Triboro were the owner and...