Ryals v. W. 21st St. Props., LLC

• Decision Date: 29 December 2021
• Docket Number: Index No. 26466/11,2019–00345
• Citation: 155 N.Y.S.3d 816 (Mem),200 A.D.3d 1084
• Parties: Tracy RYALS, appellant, v. WEST 21ST STREET PROPERTIES, LLC, respondent, et al., defendants (and a third-party action).
• Court: New York Supreme Court — Appellate Division

200 A.D.3d 1084
155 N.Y.S.3d 816 (Mem)

Tracy RYALS, appellant,
v.
WEST 21ST STREET PROPERTIES, LLC, respondent, et al., defendants (and a third-party action).

2019–00345
Index No. 26466/11

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

Argued—October 28, 2021
December 29, 2021

Rubino Law Firm, Yonkers, NY (JenniElena Rubino of counsel), for appellant.

Correia, King, Fodera, McGinnis & Liferiedge (Mauro Lilling Naparty LLP, Woodbury, NY [Seth M. Weinberg ], of counsel), for respondent.

Nesenoff & Miltenberg, LLP, New York, NY (Philip A. Byler and Andrew T. Miltenberg of counsel), for third-party defendant John Bakhshi.

REINALDO E. RIVERA, J.P., CHERYL E. CHAMBERS, WILLIAM G. FORD, DEBORAH A. DOWLING, JJ.

DECISION & ORDER

In a consolidated action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Francois A. Rivera, J.), dated December 7, 2018. The order, insofar as appealed from, granted that branch of the motion of the defendant West 21st Street Properties, LLC, which was for leave to renew that branch of its prior motion which was for summary judgment dismissing the complaint insofar as asserted against it, which had been denied in an order of the same court dated March 2, 2018, and, upon renewal, in effect, vacated so much of the order dated March 2, 2018, as denied that branch of the prior motion of the defendant West 21st Street Properties, LLC, which was for summary judgment dismissing the complaint insofar as asserted against it, and thereupon granted that branch of the prior motion.

ORDERED that the order dated December 7, 2018, is affirmed insofar as appealed from, with costs payable by the plaintiff to the defendant 21st Street Properties, LLC.

The plaintiff commenced this consolidated action to recover damages for injuries he sustained after being shot inside a Manhattan nightclub. The defendant West 21st Street Properties, LLC (hereinafter W21), was the owner of the premises, and the defendant 539 JB Enterprises, Ltd (hereinafter JB), operated the nightclub. Following the completion of discovery, W21 moved, inter alia, for summary judgment dismissing the complaint...