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Campos v. Storozum

Supreme Court, New York County

April 2, 2013

JESUS CAMPOS, Plaintiff,
v.
JUDITH STOROZUM, CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., CONSOLIDATED EDISON, INC., THE CITY OF NEW YORK, YG HOLDINGS CORP., CYPRESS CONSTRUCTION CORP., FELIX ASSOCIATES and NICO ASPHALT, INC., Defendants. Index No. 100635/2010

Unpublished Opinion

DECISION /ORDER

KATHRYN E. FREED JUDGE

RECITATION, AS REQUIRED BY CPLR §2219(a), OF THE PAPERS CONSIDERED IN THE REVIEW OF THIS MOTION.

NOTICE OF MOTION AND AFFIDAVITS ANNEXED.................. ......1-2.........

ANSWERING AFFIDAVITS............................................................. .......3............

EXHIBITS........................................................................................... .....................

OTHER................................................................................................ ......................

UPON THE FOREGOING CITED PAPERS, THIS DECISION/ORDER ON THIS MOTION IS AS FOLLOWS:

Defendant YG Holdings Corp. moves for an Order pursuant to CPLR§3212 granting summary judgment dismissing plaintiffs claims and all cross-claims, in their entirety. Plaintiff opposes.

After a review of the papers presented, all relevant statutes and case law, the Court grants the motion. Factual and procedural background:

In the instant case, plaintiff sues for injuries he allegedly sustained on November 2, 2008, when he tripped and fell over a metal plate that was situated in the middle of the roadway on East 117th Street, New York, New York. Said metal plate was described as being square in shape, approximately 7 to 8 feet long, which covered a hole in the ground. Plaintiff alleges that the area where he fell was approximately 5 feet away from his girlfriend's vehicle which was parked on the opposite side of East 117th Street.

Consequently, plaintiff commenced the instant action via service of a Summons and Complaint dated January 15, 2010. On March 23, 2010, he filed a Supplemental Summons and Verified Complaint adding defendants YG Holding Corp. (hereinafter, "YG"), and Cypress Construction, (hereinafter, "Cypress"). At the time of the accident, YG was the owner of 205 East 117th Street, the property adjacent to where the plate was situated. Cypress was the general contractor hired by YG to renovate an area in the subject premises. On September 29, 2010, Consolidated Edison Company of New York, Inc., (hereinafter, "Con Ed"), filed a third party Summons and Complaint alleging that third party defendants, Felix Associates, LLC and Nico Asphalt, Inc., were hired to perform work for it, in the roadway at the location of the subject accident. On April 6, 2011, plaintiff filed a Second Supplemental Summons and Complaint adding Felix Associates, LLC and Nico Asphalt, Inc., as defendants. Thereafter, YG served a Verified Answer to the Second Amended Complaint. Following joinder of issue, the discovery process commenced.

Positions of the parties:

YG argues that its motion for summary judgment should be granted because it did not owe plaintiff any duty of care for the work done by Con Ed and its subcontractors. It argues that pursuant to Section ยง 7-210 of the New York City Administrative Code, a real property owner only has a duty to maintain an abutting sidewalk in reasonably safe condition. YG asserts that during his deposition, plaintiff testified that the area where he fell was ...


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