Tsokolakyan v. Tiffany Mgmt., Ltd.

• Citation: 210 A.D.3d 927,179 N.Y.S.3d 253
• Decision Date: 16 November 2022
• Docket Number: 2019-13021, 2019-13430,Index No. 510830/16
• Parties: Nina TSOKOLAKYAN, appellant, v. TIFFANY MANAGEMENT, LTD., respondent, et al., defendants.
• Court: New York Supreme Court Appellate Division

210 A.D.3d 927
179 N.Y.S.3d 253

Nina TSOKOLAKYAN, appellant,
v.
TIFFANY MANAGEMENT, LTD., respondent, et al., defendants.

2019-13021, 2019-13430
Index No. 510830/16

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

Argued—October 6, 2022
November 16, 2022

179 N.Y.S.3d 254

Souren A. Israelyan, New York, NY, for appellant.

Milber Makris Plousadis & Seiden, LLP, Woodbury, NY (Sarah M. Ziolkowski and Lorin A. Donnelly of counsel), for respondent.

COLLEEN D. DUFFY, J.P., REINALDO E. RIVERA, DEBORAH A. DOWLING, JANICE A. TAYLOR, JJ.

DECISION & ORDER

210 A.D.3d 928

In an action to recover damages for personal injuries, the plaintiff appeals from (1) an order of the Supreme Court, Kings County (Lara J. Genovesi, J.), dated October 24, 2019, and (2) an amended order of the same court dated November 14, 2019. The order and the amended order granted the motion of the defendant Tiffany Management, Ltd., for summary judgment dismissing the complaint insofar as asserted against it.

179 N.Y.S.3d 255

ORDERED that the appeal from the order is dismissed, as that order was superseded by the amended order; and it is further,

ORDERED that the amended order is affirmed; and it is further,

ORDERED that one bill of costs is awarded to the defendant Tiffany Management, Ltd.

The plaintiff commenced this action to recover damages for personal injuries she allegedly sustained when she tripped and fell over an entrance doorstep while exiting a pizzeria located in a building owned by the defendant Tiffany Management, Ltd. (hereinafter Tiffany Management). The plaintiff alleged, inter alia, that Tiffany Management negligently maintained the doorstep, and that the doorstep violated the 2008 Building Code of the City of New York (hereinafter the 2008 Building Code). Following discovery, Tiffany Management moved for summary judgment dismissing the complaint insofar as asserted against it, contending, among other things, that it was an out-of-possession landlord, that the 2008 Building Code did not govern the condition of the entrance doorstep because construction of the subject premises predated that code, and that the entrance step was not...