Maldonado v. Whitehall Apartment Co.

Decision Date06 November 2008
Docket Number4494.
Citation866 N.Y.S.2d 668,2008 NY Slip Op 08422,56 A.D.3d 273
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.)
CourtNew York Supreme Court — Appellate Division

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. Since defendants failed...

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8 cases
  • Tuchman v. Deam Props. (Us), LLC
    • United States
    • New York Supreme Court
    • April 25, 2014
    ...N.Y.3d 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 evi......
  • Dua v. N.Y.C. Dep't of Parks & Recreation
    • United States
    • New York Supreme Court
    • 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 ......
  • Williams v. Graf
    • United States
    • New York Supreme Court
    • March 28, 2014
    ...Assoc., 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 s......
  • Regno v. City of N.Y.
    • United States
    • New York Supreme Court
    • August 31, 2015
    ...Assoc., 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 c......
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