Monroy v. Lexington Operating Partners, LLC
| Decision Date | 29 January 2020 |
| Docket Number | 2018–12280,Index No. 6773/12 |
| Citation | 118 N.Y.S.3d 132,179 A.D.3d 1053 |
| Parties | Guillermo MONROY, Respondent, v. LEXINGTON OPERATING PARTNERS, LLC, et al., Appellants (and a third-party action). |
| Court | New York Supreme Court — Appellate Division |
179 A.D.3d 1053
118 N.Y.S.3d 132
Guillermo MONROY, Respondent,
v.
LEXINGTON OPERATING PARTNERS, LLC, et al., Appellants (and a third-party action).
2018–12280
Index No. 6773/12
Supreme Court, Appellate Division, Second Department, New York.
Argued—October 18, 2019
January 29, 2020
Gallo Vitucci Klar LLP, New York, N.Y. (Jessica A. Clark and Kimberly A. Ricciardi of counsel), for appellants.
Fastman Law Group, P.C. (Chirico Law PLLC, Brooklyn, N.Y. [Vincent Chirico ], of counsel), for respondent.
WILLIAM F. MASTRO, J.P., JOHN M. LEVENTHAL, COLLEEN D. DUFFY, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
On March 8, 2011, at approximately 7:30 p.m., the plaintiff, employed by third-party defendant Mulligan Security Corp., was working as a security guard in a building located at 450 Lexington Avenue, in Manhattan. At that time the building was allegedly owned and operated by the defendant Lexington Operating Partners, LLC (hereinafter Lexington). During his shift on the date of the subject accident, the plaintiff took the freight elevator to the
sixth floor of the building, and immediately
after exiting the freight elevator slipped and fell. At the time the plaintiff fell, the floor in that area was in the process of being stripped and waxed by employees of the defendant ABM Building Maintenance (hereinafter ABM), a contractor hired by Lexington.
The plaintiff commenced the instant action against Lexington and ABM to recover damages for personal injuries, alleging, among other things, that they were negligent in maintaining the premises and in creating a dangerous condition. After joinder of issue in the main action, the defendants moved for, among other things, summary judgment dismissing the amended complaint based upon surveillance videotape of the accident. The Supreme...
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