Maldonado v. Whitehall Apartment Co., 4494.

CourtNew York Supreme Court Appellate Division
Citation866 N.Y.S.2d 668,2008 NY Slip Op 08422,56 A.D.3d 273
Docket Number4494.
PartiesRUTH B., an Infant, by ENCARNACION MALDONADO, as Guardian Ad Litem, Respondent, v. WHITEHALL APARTMENT Co., LLC, et al., Appellants. (And a Third-Party Action.)
Decision Date06 November 2008
56 A.D.3d 273
866 N.Y.S.2d 668
2008 NY Slip Op 08422
RUTH B., an Infant, by ENCARNACION MALDONADO, as Guardian Ad Litem, Respondent,
v.
WHITEHALL APARTMENT Co., LLC, et al., Appellants. (And a Third-Party Action.)
4494.
Appellate Division of the Supreme Court of the State of New York, First Department.
November 6, 2008.

Order, Supreme Court, New York County (Michael D. Stallman, J.), entered April 22, 2008, which, to the extent appealed from as limited by the briefs, denied so much of defendants' motion as sought summary judgment dismissing the third cause of action, unanimously affirmed, without costs.


Plaintiff, by her mother, commenced this action against defendant owners of the apartment building in which plaintiff and her family resided to recover damages for injuries she sustained when she was sexually assaulted by third-party defendant Avila in an elevator in the building. The complaint contained three causes of action; the first two were based on defendants' alleged negligence in failing to maintain a properly functioning selflocking door to the building, and the third was premised on defendants' alleged assumption and breach of a duty to plaintiff to maintain and monitor security cameras in the elevator in which plaintiff was assaulted. With respect to the third cause of action, plaintiff's mother claimed that employees of the building, including the superintendent, told her prior to the assault that the elevator was equipped with a security camera that was constantly monitored on the premises and that she need not worry about plaintiff's safety when she was in the building.

Defendants moved for summary judgment dismissing the complaint, relying on plaintiff's deposition testimony. Plaintiff, among other things, opposed the motion and noted that defendants had not addressed her third cause of action. Supreme Court granted those portions of the motion seeking summary judgment dismissing the first two causes of action and denied that aspect of the motion that sought dismissal of the third. Defendants appeal from that portion of the order that denied summary judgment dismissing the third cause of action.

Defendants failed to make a prima facie showing of entitlement to judgment as a matter of law dismissing plaintiff's third cause of action. In their motion papers, defendants failed to address this cause of action and submitted no evidence that demonstrated the absence of triable issues of fact with respect to it.

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  • Dua v. N.Y.C. Dep't of Parks & Recreation, 110344
    • United States
    • United States State Supreme Court (New York)
    • September 20, 2017
    ...Dep't 2012) ; Jones v. 550 Realty Hgts., LLC , 89 A.D.3d 609, 932 N.Y.S.2d 778 (1st Dep't 2011) ; Ruth B. v. Whitehall Apt. Co., LLC , 56 A.D.3d 273, 274, 866 N.Y.S.2d 668 (1st Dep't 2008) ; Perez v. Hilarion , 36 A.D.3d 536, 537, 828 N.Y.S.2d 376 (1st Dep't 2007). Although plaintiffs also ......
  • Regno v. City of N.Y., Index No. 109524/2009
    • United States
    • United States State Supreme Court (New York)
    • August 31, 2015
    ...LLC, 92 A.D.3d 410 (1st Dep't 2012); Jones v. 550 Realty Hgts., LLC, 89 A.D.3d 609 (1st Dep't 2011); Ruth B. v. Whitehall Apt. Co., LLC, 56 A.D.3d 273, 274 (1st Dep't 2008); Perez v. Hilarion, 36 A.D.3d 536, 537 (1st Dep't 2007).VII. CONCLUSION For the reasons explained above, the court gra......
  • Tuchman v. Deam Props. (Us), LLC, Index No. 101056/2010
    • United States
    • United States State Supreme Court (New York)
    • April 25, 2014
    ...at 384; Romero v. Morrisania Towers Hous. Co. Ltd. Partnership, 91 A.D.3d 507, 508 (1st Dep't 2012); Ruth B. v. Whitehall Apt. Co., LLC, 56 A.D.3d 273, 274 (1st Dep't 2008); Chubb Natl. Ins. Co. v. Platinum Customcraft Corp., 38 A.D.3d 244, 245 (1st Dep't 2007). In evaluating the evidence f......
  • Williams v. Graf, Index No. 111935/2009
    • United States
    • United States State Supreme Court (New York)
    • March 28, 2014
    ...LLC, 92 A.D.3d 410 (1st Dep't 2012); Jones v. 550 Realty Hgts., LLC, 89 A.D,3d 609 (1st Dep't 2011); Ruth B. v. Whitehall Apt. Co., LLC, 56 A.D.3d 273, 274 (1st Dep't 2008); Perez v. Hilarion, 36 A.D.3d 536, 537 (1st Dep't 2007). B. Graf's Claims Against Third Party Defendant Graf seeks con......
  • Request a trial to view additional results
9 cases
  • Dua v. N.Y.C. Dep't of Parks & Recreation, 110344
    • United States
    • United States State Supreme Court (New York)
    • September 20, 2017
    ...Dep't 2012) ; Jones v. 550 Realty Hgts., LLC , 89 A.D.3d 609, 932 N.Y.S.2d 778 (1st Dep't 2011) ; Ruth B. v. Whitehall Apt. Co., LLC , 56 A.D.3d 273, 274, 866 N.Y.S.2d 668 (1st Dep't 2008) ; Perez v. Hilarion , 36 A.D.3d 536, 537, 828 N.Y.S.2d 376 (1st Dep't 2007). Although plaintiffs also ......
  • Regno v. City of N.Y., Index No. 109524/2009
    • United States
    • United States State Supreme Court (New York)
    • August 31, 2015
    ...LLC, 92 A.D.3d 410 (1st Dep't 2012); Jones v. 550 Realty Hgts., LLC, 89 A.D.3d 609 (1st Dep't 2011); Ruth B. v. Whitehall Apt. Co., LLC, 56 A.D.3d 273, 274 (1st Dep't 2008); Perez v. Hilarion, 36 A.D.3d 536, 537 (1st Dep't 2007).VII. CONCLUSION For the reasons explained above, the court gra......
  • Tuchman v. Deam Props. (Us), LLC, Index No. 101056/2010
    • United States
    • United States State Supreme Court (New York)
    • April 25, 2014
    ...at 384; Romero v. Morrisania Towers Hous. Co. Ltd. Partnership, 91 A.D.3d 507, 508 (1st Dep't 2012); Ruth B. v. Whitehall Apt. Co., LLC, 56 A.D.3d 273, 274 (1st Dep't 2008); Chubb Natl. Ins. Co. v. Platinum Customcraft Corp., 38 A.D.3d 244, 245 (1st Dep't 2007). In evaluating the evidence f......
  • Williams v. Graf, Index No. 111935/2009
    • United States
    • United States State Supreme Court (New York)
    • March 28, 2014
    ...LLC, 92 A.D.3d 410 (1st Dep't 2012); Jones v. 550 Realty Hgts., LLC, 89 A.D,3d 609 (1st Dep't 2011); Ruth B. v. Whitehall Apt. Co., LLC, 56 A.D.3d 273, 274 (1st Dep't 2008); Perez v. Hilarion, 36 A.D.3d 536, 537 (1st Dep't 2007). B. Graf's Claims Against Third Party Defendant Graf seeks con......
  • Request a trial to view additional results

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