Pagan v. Local 23-25 Intern. Ladies Garment Workers Union
| Decision Date | 05 December 1996 |
| Court | New York Supreme Court — Appellate Division |
| Parties | Matilda PAGAN, et al., Plaintiffs-Respondents, v. LOCAL 23-25 INTERNATIONAL LADIES GARMENT WORKERS UNION, et al., Defendants/Third-Party Plaintiffs-Respondents, v. H.S. HOCHBERG & SONS, INC., Third-Party Defendant-Respondent, and Supreme Building Maintenance Corp., Third-Party Defendant-Appellant. |
Robert M. Lefland, for Defendants/Third-Party Plaintiffs-Respondents.
Ann K. Kandel, for Third-Party Defendants-Respondents.
Kenneth J. Kutner, for Third-Party Defendant-Appellant.
Before MILONAS, J.P., and WALLACH, KUPFERMAN, TOM and ANDRIAS, JJ.
Order, Supreme Court, Bronx County (Alan Saks, J.), entered on or about June 7, 1995, which denied third-party defendant Supreme Building Maintenance Corp.'s ("Supreme Building") motion for summary judgment, is unanimously reversed, on the law, without costs, summary judgment is granted, and plaintiffs' complaint is dismissed as against Supreme Building. The Clerk is directed to enter judgment in favor of third-party defendant-appellant Supreme Building Maintenance dismissing the action as against it. Appeal from the judgment, same court and Justice, entered August 7, 1995, which granted defendants and third-party plaintiffs Local 23-25 International Ladies Garment Workers Union and 1710 Broadway Inc.'s motion for summary judgment and dismissed the complaint as against them, is unanimously dismissed, without costs.
This is a personal injury action in which plaintiff Matilda Pagan alleges that she slipped and fell on a hallway floor at premises leased by Local 23-25 (located at 275 Seventh Avenue) from 1710 Broadway. Supreme Building was the maintenance contractor and Hochberg & Sons was the general renovation contractor. At the time of the accident, Hochberg & Sons was installing new floor tiles and Supreme Building was responsible for building maintenance. However, evidence was submitted that Supreme Building was not to clean areas of ongoing construction.
Plaintiff asserts that she fell due to a slippery floor, although she could not remember whether or not the floor had been wet. Indeed, with regard to Supreme Building, plaintiff's theory of negligence appears to be founded on the fact that Supreme Building may have swept the floor where plaintiff fell, that if Supreme did sweep the floor, it did so with a mop treated with an unknown chemical, which chemical might have been dangerous by...
To continue reading
Request your trial
-
Goodman v. 78 West 47th Street Corp.
...... or repaired the sidewalk (id.) and where a local ordinance or statute specifically charges an ...Page 119. (Pagan v. Local 23-25 International Ladies Garment rs Union, 234 A.D.2d 37, 38, 650 N.Y.S.2d 214 [fall on a ......
-
Pecora v. Fitness Int'l
...Union Free School Dist., 54 A.D.3d 322; Velez v City of New York, 24 A.D.3d 239; Pagan v Local 23-25 Int'l. Ladies Garment Workers Union, 234 A.D.2d 37; cf. Manavazian v Pietromonaco, 188 A.D.3d 866; Vojvodic v City of New York, 148 A.D.3d 1086). The defendants' submissions in support of th......
-
Segretti v. Shorenstein Co., East, L.P.
...721), mere speculation regarding causation is inadequate to sustain the cause of action (see, Pagan v. Local 23-25 International Ladies Garment Workers Union, 234 A.D.2d 37, 38, 650 N.Y.S.2d 214; Knight v. Certified Oils, 239 A.D.2d 391, 392, 658 N.Y.S.2d 337; Vinicio v. Marriott, 217 A.D.2......
-
Pecora v. Fitness Int'l, LLC
...863 N.Y.S.2d 61 ; Velez v. City of New York, 24 A.D.3d 239, 806 N.Y.S.2d 490 ; Pagan v. Local 23–25 Intl. Ladies Garment Workers Union, 234 A.D.2d 37, 650 N.Y.S.2d 214 ; cf. Manavazian v. Pietromonaco, 188 A.D.3d 866, 135 N.Y.S.3d 476 ; Vojvodic v. City of New York, 148 A.D.3d 1086, 51 N.Y.......