Reavis v. Cnty. of Westchester

• Decision Date: 25 March 2021
• Docket Number: Index 60276/2018
• Citation: 2021 NY Slip Op 33253 (U)
• Court: New York Supreme Court
• Parties: TIFFANY BROOK REAVIS, Plaintiff, v. COUNTY OF WESTCHESTER, WESTCHESTER COUNTY HEALTH CARE CORPORATION (WCHCC), WESTCHESTER COUNTY MEDICAL CENTER (WMC), WESTCHESTER MEDICAL CENTER HEALTH NETWORK (WMC HEALTH), THE BRICKMAN GROUP LTD. LLC, BRIGHTVIEW LANDSCAPES LLC, HEALTHCARE PARKING SYSTEMS OF AMERICA, INC., GREENWAY PROPERTY SERVICES, INC., EMPIRE LANDSCAPING & SNOW PLOWING, INC., C.M. LAWN SERVICE, INC., d/b/a C.M. LANDSCAPING INC., Defendants.

2021 NY Slip Op 33253(U)

TIFFANY BROOK REAVIS, Plaintiff,
v.
COUNTY OF WESTCHESTER, WESTCHESTER COUNTY HEALTH CARE CORPORATION (WCHCC), WESTCHESTER COUNTY MEDICAL CENTER (WMC), WESTCHESTER MEDICAL CENTER HEALTH NETWORK (WMC HEALTH), THE BRICKMAN GROUP LTD. LLC, BRIGHTVIEW LANDSCAPES LLC, HEALTHCARE PARKING SYSTEMS OF AMERICA, INC., GREENWAY PROPERTY SERVICES, INC., EMPIRE LANDSCAPING & SNOW PLOWING, INC., C.M. LAWN SERVICE, INC., d/b/a C.M. LANDSCAPING INC., Defendants.

Index No. 60276/2018

Supreme Court, Westchester County

March 25, 2021

Unpublished Opinion

Lever & Ecker, PLLC Attorneys for Plaintiff.

Wilson, Bave et al. Attorneys for Defendants County of Westchester, Westchester County Health Care Corporation, Westchester County Medical Center and Westchester Medical Center Health Network.

Minter Sarowitz et al. Attorneys for Defendant Brickman Facility Solutions, i/s/h/a The Brickman Group Ltd., LLC and Brightview Landscapes LLC.

Kessler Law Offices Attorneys for Defendant Empire Landscaping & Snow Plowing, Inc.

Ahmuty, Demers et al. Attorneys for Defendant Greenway Property Services, Inc.

PRESENT: HON. LINDA S. JAMIESON JUDGE.

DECISION AND ORDER

LINDA S. JAMIESON JUDGE.

The following papers numbered 1 to 13 were read on these motions:

Paper	Number
Notice of Motion, Affirmation and Exhibits	1
Notice of Motion, Affirmation and Exhibits	2
Notice of Motion, Affirmation and Exhibits	3
Notice of Motion, Affirmation and Exhibits	4
Affirmation and Exhibits in Opposition	5
Memorandum of Law in Opposition	6
Affirmation and Exhibits in Opposition	7
Affirmation and Exhibits in Opposition	8
Affirmation in Opposition	9
Affirmation in Reply	10
Affirmation in Reply	11
Affirmation in Reply	12
Affirmation and Exhibit in Reply	13

1

There are four motions for summary judgment before the Court in this trip-and-fall action. The Court previously granted the unopposed motion for summary judgment dismissing defendant C.M. Lawn Service, Inc. ("CM") from the action.

The Brickman Group Ltd. LLC and Brightview Landscapes LLC (collectively, "Brickman") bring the first motion. Pursuant to contract, Brickman "was to provide all general labor and contracting services to the premises of Westchester County Medical Center at the Valhalla, New York location." According to Brickman, "The contract does not require movants to perform and [sic] repairs to the subject parking garage facility nor is there any affirmative requirement that movants were to inspect the garage for any defects." (Emphasis omitted). There is no dispute that Brickman's contract had ended in March 2017, several months prior to the accident.

The second motion was filed by defendant Empire Landscaping & Snow Plowing, Inc. ("Empire"). Empire, a landscaping contractor, began working at the site only 13 days prior to the accident. Defendant Greenway Property Services Inc. ("Greenway")

2

filed the third motion for summary judgment. Greenway states, without contradiction, that it did not commence working at the site until six months after the accident. As plaintiff failed to oppose this motion, it is granted.

Plaintiff filed the final motion. She seeks summary judgment on the issue of liability against all of the Westchester defendants: the County of Westchester, Westchester County Health Care Corporation, Westchester Medical Center and Westchester Medical Center Health Network (collectively, the "Westchester defendants"). Plaintiff also seeks to dismiss the Westchester defendants' first affirmative defense, sounding in comparative negligence.

Background

The accident occurred on June 13, 2017, at around 6:30 p.m. Plaintiff had finished her shift as a trauma...