Morgan v. Chong Kwan Jun

• Decision Date: 06 June 2006
• Docket Number: 2004-06351.,2004-09868.
• Citation: 817 N.Y.S.2d 325,2006 NY Slip Op 04397,30 A.D.3d 386
• Parties: BRUCE MORGAN, Appellant, v. CHONG KWAN JUN et al., Respondents, et al., Defendants.
• Court: New York Supreme Court — Appellate Division

30 A.D.3d 386

817 N.Y.S.2d 325

2006 NY Slip Op 04397

BRUCE MORGAN, Appellant, v. CHONG KWAN JUN et al., Respondents, et al., Defendants.

2004-06351.

2004-09868.

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 6, 2006.

In an action to recover damages for personal injuries, the plaintiff appeals from (1) so much of an order of the Supreme Court, Richmond County (Gigante, J.), dated June 16, 2004, as granted those branches of the separate cross motions of the defendants Chong Kwan Jun and Page Cleaners, the defendants Page Nail Salon, Inc., Mi Jung Im, sue herein as Mi Jung Zm, the defendant Dance Expo, USA, Inc., the defendants June Delaney, David Delaney, and Petals on Page, Inc., the defendant Chee Soo Ma, also known as Hee Soo Ma, the defendants My World Enterprises and French Twist, Inc., and the defendant Mario Polizzi, which were for summary judgment dismissing the complaint insofar as asserted against them, and denied that branch of his motion which was for leave to enter judgment against the defendant Frank M. Vezzuto upon his default in

answering and (2) an order of the same court, dated October 5, 2004, which denied his motion, in effect, for leave to reargue the prior motion.

Ordered that the appeal from the order dated October 5, 2004 is dismissed, without costs or disbursements, as no appeal lies from an order denying leave to reargue; and it is further,

Ordered that the order dated June 16, 2004 is modified, on the law, by (1) deleting the provisions thereof granting those branches of the separate cross motions of the defendants Chong Kwan Jun, Page Cleaners, My World Enterprises, Mario Polizzi, June Delaney, David Delaney, and Petals on Page, Inc., which were for summary judgment dismissing the complaint insofar as asserted against them, and substituting therefor a provision denying those branches of the cross motions, and (2) deleting the provision thereof denying that branch of the plaintiff's motion which was for leave to enter judgment against the defendant Frank M. Vezzuto upon his default in answering, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

The plaintiff was injured while walking to his car in a parking lot at the Page Avenue Shopping Center on Staten Island when his pants leg caught on a rebar protruding from a cement wheel stop and he fell. The parking lot was subject to an easement benefitting the owners of six stores adjacent to the parking lot, several of which leased out their store space. Among these owners were Chong Kwan Jun, Page Cleaners, My World Enterprises, Mario Polizzi, June Delaney, ...