McDonnell v. Blockbuster Video, Inc., 2019–10620

CourtNew York Supreme Court Appellate Division
Citation203 A.D.3d 713,160 N.Y.S.3d 648 (Mem)
Docket Number2019–10620,Index No. 700255/10
Parties Michael MCDONNELL, appellant, v. BLOCKBUSTER VIDEO, INC., defendant, Elmnic, LLC, et al., respondents.
Decision Date02 March 2022

203 A.D.3d 713
160 N.Y.S.3d 648 (Mem)

Michael MCDONNELL, appellant,
v.
BLOCKBUSTER VIDEO, INC., defendant,

Elmnic, LLC, et al., respondents.

2019–10620
Index No. 700255/10

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

Argued—January 4, 2022
March 2, 2022


Scott Baron & Associates, P.C., Howard Beach, NY, for appellant.

Wilson Elser Moskowitz Edelman & Dicker LLP, White Plains, NY (Roland T. Koke of counsel), for respondents.

COLLEEN D. DUFFY, J.P., CHERYL E. CHAMBERS, SHERI S. ROMAN, LINDA CHRISTOPHER, JJ.

DECISION & ORDER

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Rudolph E. Greco, Jr., J.), entered August 28, 2019. The order, insofar as appealed from, granted that branch of the motion of the defendants Elmnic, LLC, and Daniel Zenkel which was for summary judgment dismissing the complaint insofar as against the defendant Elmnic, LLC, and denied the plaintiff's cross motion pursuant to CPLR 3126 for discovery sanctions.

ORDERED that the order is affirmed insofar as appealed from, with costs.

The plaintiff commenced this action to recover damages for personal injuries he allegedly sustained in 2010 when he tripped and fell upon stepping into a hole in a parking lot. The subject property was owned by the defendant Elmnic, LLC (hereinafter Elmnic), and leased by the defendant Blockbuster Video, Inc. (hereinafter Blockbuster). The defendant Daniel Zenkel was, among other things, the manager of Elmnic, in which he had an ownership interest. Elmnic and Zenkel (hereinafter together the defendants) moved for summary judgment dismissing the complaint insofar as asserted against them, inter alia, on the basis that Elmnic was an out-of-possession landlord with no duty to maintain or repair the parking lot. The plaintiff cross-moved pursuant to CPLR 3126 for discovery sanctions. In an order entered August 28, 2019, the Supreme Court granted the defendants’ motion and denied the plaintiff's cross motion. The plaintiff appeals from so much of the order as granted that branch of the defendants’ motion which was for summary judgment dismissing the complaint insofar as against Elmnic and denied his cross motion.

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7 cases
  • Jones v. Brooklyn Hop 2 LLC, Index No. 524385/2018
    • United States
    • United States State Supreme Court (New York)
    • November 14, 2022
    ...McComish v. Luciano's Ltalian Rest, 56 A.D.3d 534, 535, 868 N.Y.S.2d 79 [2d Dept 2008]; 13 see also McDonnell v. Blockbuster Video, Inc., 203 A.D.3d 713, 714-15, 160 N.Y.S.3d 648, 649 [2d Dept 2022]; Nunez v. Alfred Bleyer & Co., 304 A.D.2d 734, 757 N.Y.S.2d 798, 799 [2nd Dept, 2003]; Thomp......
  • Jones v. Brooklyn Hop 2 LLC, Index No. 524385/2018
    • United States
    • United States State Supreme Court (New York)
    • November 14, 2022
    ...McComish v. Luciano's Ltalian Rest, 56 A.D.3d 534, 535, 868 N.Y.S.2d 79 [2d Dept 2008]; 14 see also McDonnell v. Blockbuster Video, Inc., 203 A.D.3d 713, 714-15, 160 N.Y.S.3d 648, 649 [2d Dept 2022]; Nunez v. Alfred Bleyer & Co., 304 A.D.2d 734, 757 N.Y.S.2d 798, 799 [2nd Dept, 2003]; Thomp......
  • Tsokolakyan v. Tiffany Mgmt., Ltd., 2019-13021, 2019-13430
    • United States
    • New York Supreme Court Appellate Division
    • November 16, 2022
    ...of fact exists as to Tiffany Management's responsibility to maintain the entrance doorstep (see McDonnell v. Blockbuster Video, Inc., 203 A.D.3d 713, 714, 160 N.Y.S.3d 648 ; Taylor v. Lastres, 45 A.D.3d 835, 836, 847 N.Y.S.2d 139 ; Massucci v. Amoco Oil Co., 292 A.D.2d 351, 351, 738 N.Y.S.2......
  • O'Connell v. Los Compadres Liquors & Wines, 2020–07665
    • United States
    • New York Supreme Court Appellate Division
    • December 21, 2022
    ...giving rise to a duty (see Achee v. Merrick Vil., Inc., 208 A.D.3d 542, 543–544, 173 N.Y.S.3d 46 ; McDonnell v. Blockbuster Video, Inc., 203 A.D.3d 713, 160 N.Y.S.3d 648 ; Muller v. City of New York, 185 A.D.3d at 835, 125 N.Y.S.3d 576 ; Alnashmi v. Certified Analytical Group, Inc., 89 A.D.......
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