Villada v. 452 Fifth Owners, LLC
| Decision Date | 25 November 2020 |
| Docket Number | 2017–01063,Index No. 25332/12 |
| Parties | Carlos VILLADA, plaintiff-respondent, v. 452 FIFTH OWNERS, LLC, appellant-respondent, CBRE, Inc., respondent-appellant, TLM Group, LLC, defendant-respondent. |
| Court | New York Supreme Court — Appellate Division |
188 A.D.3d 1292
132 N.Y.S.3d 864 (Mem)
Carlos VILLADA, plaintiff-respondent,
v.
452 FIFTH OWNERS, LLC, appellant-respondent,
CBRE, Inc., respondent-appellant,
TLM Group, LLC, defendant-respondent.
2017–01063
Index No. 25332/12
Supreme Court, Appellate Division, Second Department, New York.
Argued - September 10, 2020
November 25, 2020
Downing & Peck, P.C., New York, NY (Michael P. McDermott and Marguerite Peck of counsel), for appellant-respondent.
Pavlounis & Sfouggatakis, LLP (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [Brian J. Isaac and Kenneth J. Gorman], of counsel), for plaintiff-respondent.
REINALDO E. RIVERA, J.P., MARK C. DILLON, JOSEPH J. MALTESE, COLLEEN D. DUFFY, JJ.
DECISION & ORDER
In an action to recover damages for personal injuries, the defendant 452 Fifth Owners, LLC, appeals, and the defendant CBRE, Inc., cross-appeals, from an order of the Supreme Court, Queens County (Darrell L. Gavrin, J.), entered December 30, 2016. The order, insofar as appealed from, denied those branches of the motion of the defendant 452 Fifth Owners, LLC, which were for summary judgment dismissing the causes of action to recover damages for common-law negligence and a violation of Labor Law § 200 insofar as asserted against it.
ORDERED that the cross appeal is deemed dismissed pursuant to 22 NYCRR 1250.10(a) ; and it is further,
ORDERED that the order is reversed insofar as appealed from, on the law, and those branches of the motion of the defendant 452 Fifth Owners, LLC, which were for summary judgment dismissing the causes of action to recover damages for common-law negligence and a violation of Labor Law § 200 insofar as asserted against it are granted; and it is further,
ORDERED that one bill of costs is awarded to the defendant 452 Fifth Owners, LLC, payable by the plaintiff.
The plaintiff allegedly was injured while working on a roof demolition project at property owned by the defendant 452 Fifth Owners, LLC (hereinafter 452 Fifth). On the date of the accident, the plaintiff was pulling a wheeled dumpster loaded with debris up a plywood ramp. According to the plaintiff, the plywood moved and the dumpster...
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