Morelli v. Starbucks Corp.

• Decision Date: 26 June 2013
• Citation: 107 A.D.3d 963,2013 N.Y. Slip Op. 04786,968 N.Y.S.2d 542
• Parties: Iris MORELLI, respondent-appellant, v. STARBUCKS CORPORATION, et al., respondents, City of Rye, New York, appellant-respondent.
• Court: New York Supreme Court — Appellate Division

107 A.D.3d 963
968 N.Y.S.2d 542
2013 N.Y. Slip Op. 04786

Iris MORELLI, respondent-appellant,
v.
STARBUCKS CORPORATION, et al., respondents,
City of Rye, New York, appellant-respondent.

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

June 26, 2013.

[968 N.Y.S.2d 543]

Thomas K. Moore, White Plains, N.Y. (Andrea G. Sawyers and Dominic P. Zafonte of counsel), for appellant-respondent.

Norman M. Block, P.C., Hawthorne, N.Y., for respondent-appellant.

Wilson Elser Moskowitz Edelman & Dicker, LLP, New York, N.Y. (George Tompkins III and Patrick Lawless of counsel), for respondent Starbucks Corporation.

Craig P. Curcio, Middletown, N.Y. (Deborah Bookwalter of counsel), for respondent First Dixon Realty, LLC.

[968 N.Y.S.2d 544]

PETER B. SKELOS, J.P., THOMAS A. DICKERSON, LEONARD B. AUSTIN, and JEFFREY A. COHEN, JJ.

[107 A.D.3d 964]In an action to recover damages for personal injuries, the defendant City of Rye, New York, appeals, as limited by its brief, from so much of an order of the Supreme Court, Westchester County (Smith, J.), dated March 2, 2012, as denied that branch of its motion which was for summary judgment dismissing so much of the complaint as alleged that it was negligent in failing to maintain and repair a tree well, and the plaintiff cross-appeals, as limited by her brief, from so much of the same order as granted that branch of the motion of the defendant City of Rye, New York, which was for summary judgment dismissing so much of the complaint as alleged that it was negligent in permitting garbage to accumulate near the tree well, and granted those branches of the separate cross motions of the defendants First Dixon Realty, LLC, and Starbucks Corporation which were for summary judgment dismissing the complaint insofar as asserted against each of them.

ORDERED that the order is affirmed insofar as appealed and cross-appealed from, with one bill of costs to the defendants First Dixon Realty, LLC, and Starbucks Corporation, payable by the plaintiff.

The plaintiff allegedly sustained injuries when she tripped and fell on defective brickwork in a tree well while walking on a public sidewalk in the City of Rye, New York. The tree well was located in front of a store owned by the defendant First Dixon Realty, LLC (hereinafter First Dixon), and leased by the defendant Starbucks Corporation (hereinafter Starbucks).

“Generally, liability for injuries sustained as a result of negligent maintenance of or the existence of dangerous or...