Muckadackal v. CLK-HP 275 Broadhollow LLC

• Decision Date: 26 October 2020
• Docket Number: 2020-35008,Index 609470/2016
• Parties: JINO MUCKADACKAL, Plaintiff, v. CLK-HP 275 BROADHOLLOW LLC, CAPITAL ONE FINANCE CORP. and JONES LANG LASALLE NORTHEAST, INC. Defendants.
• Court: New York Supreme Court

JINO MUCKADACKAL, Plaintiff,
v.
CLK-HP 275 BROADHOLLOW LLC, CAPITAL ONE FINANCE CORP. and JONES LANG LASALLE NORTHEAST, INC. Defendants.

No. 2020-35008

Index No. 609470/2016

Supreme Court, Suffolk County

October 26, 2020

Unpublished Opinion

THE THOMAS FIRM Attorney for Plaintiff.

AHMUTY, DEMERS & MCMANUS Attorney for Defendant.

LAW OFFICE OF ANDREA G. SAWYERS Attorney for Defendant Capital One Finance Corp.

KOWALSKI & DEVITO, ESQS. Attorney for Defendant Jones Lang LaSalle Americas, Inc.

PRESENT: Hon. JOSEPH A. SANTORELLI Justice.

HON. JOSEPH A. SANTORELLI J.S.C.

Upon the following papers read on this motion for summary judgment: Notice of Motion/ Order to Show Cause and supporting papers toot. seq.005) by Capital One, dated May 21, 2020: Notice of Cross Motion and supporting papers ___; Answering Affidavits and supporting papers by Jones Lang LaSalle. dated July 9, 2020 and by plaintiff dated July 23, 2020; Replying Affidavits and supporting papers by Capital One, dated July 22. 2020; Notice of Motion/ Order to Show Cause and supporting papers toot, seq.006) by Jones Lang LaSalle. dated May 25, 2020: Notice of Cross Motion and supporting papers ___; Answering Affidavits and supporting papers by plaintiff, dated July 23, 2020: Replying Affidavits and supporting papers by

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Jones Lang LaSalle. dated August 27, 2020; Notice of Motion/ Order to Show Cause and supporiing papers (mot. seq.007) by CLK-HP, dated May 25, 2020; Notice of Cross Motion and supporting papers ___; Answering Affidavits and supporting papers by Jones Lang LaSalle, dated July 9, 2020, and by plaintiff, dated July 23, 2020; Replying Affidavits and supporting papers by CLK-HP, dated August 27, 2020: Notice of Cross Motion and supporting papers (mot. seq. 008) by CLK-HP. dated July 8, 2020; Answering Affidavits and supporting papers by Jones Lang LaSalle. dated August 19, 2020. and by plaintiff, dated August 18, 2020; Replying Affidavits and supporting papers by CLK-HP, dated August 27, 2020 Other ___; it is

ORDERED that the motion and cross motion by defendant CLK-HP 275 Broadhollow LLC, the motion by defendant Capital One Financial Corp., and the motion by defendant Jones Lang LaSalle Americas, Inc. are consolidated for the purposes of this determination; and it is

ORDERED that the motion (005) by defendant Capital One Financial Corp. pursuant to CPLR 3212 for summary judgment in its favor with respect to its cross claims is denied as moot; and it is

ORDERED that the motion (006) by defendant Jones Lang LaSalle Americas, Inc. pursuant to CPLR 3212 for summary judgment dismissing the plaintiffs complaint and the cross claims against it is decided as indicated herein; and it is

ORDERED that the motion (007) by defendant CLK-HP 275 Broadhollow LLC pursuant to CPLR 3212 for summary judgment dismissing the plaintiffs complaint and the cross claims against it is decided as indicated herein; and it is further

ORDERED that the cross motion (008) by defendant CLK-HP 275 Broadhollow LLC pursuant to CPLR 3212 for summary judgment in its favor with respect to its cross claims is denied as moot.

The plaintiff commenced this action to recover damages for injuries that he allegedly sustained when a door fell on him while he was attending a meeting inside a building leased by his employer, defendant Capital One Financial Corp. ("Capital One")^[1]. The subject building was owned by defendant CLK-HP 275 Broadhollow LLC ("CLK"), and defendant Jones Lang LaSalle Americas Inc. s/h/a Jones LaSalle-Northeast, Inc. ("JLN") maintained the building on behalf of Capital One. The plaintiff alleges, among other things, that the defendants created a dangerous condition on the premises and that their failure to maintain the premises in a reasonably safe condition caused him to be injured. In its answer to the plaintiffs complain,, Capital One asserted cross claims for indemnification and breach of contract against JLN and CLK. Similarly, both CLK and JLN asserted indemnification claims against each other and against Capital One.

By stipulation dated February 13, 2020, the plaintiffs action against Capital One was discontinued. Capital One now moves for summary judgment dismissing the remaining claims against it and for summary judgment on its cross claims for indemnification JLN moves for summary judgment dismissing the plaintiffs complaint and the cross claims against it, arguing, among other

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things, that it did not create a dangerous condition, nor did it have actual or constructive notice of a dangerous condition on the premises. CLK moves for summary judgment on similar grounds as JLN, and it cross-moves for summary judgment on its claim for indemnification against Capital One.

The record shows that the plaintiff was an employee of Capital One, and that the accident occurred while he was at work at an office located at 275 Broadhollow Road in Melville, New York. The plaintiff...