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Collado v. Crothall Healthcare Inc.

United States District Court, S.D. New York

December 15, 2017

MARISOL COLLADO, Plaintiff,
v.
CROTHALL HEALTHCARE INC., Defendant.

          OPINION & ORDER

          KATHERINE B. FORREST, DISTRICT JUDGE

         Plaintiff Marisol Collado, a clerical administrative associate at New York City Health and Hospitals Corporation (“HHC”), brings this diversity action against Crothall Healthcare Inc. (“Crothall”) seeking relief for injuries she sustained when she slipped and fell at work.

         Defendant now moves for summary judgment. For the reasons set forth below, that motion is GRANTED.

         I. FACTUAL BACKGROUND

         The following facts are materially undisputed an all inferences are drawn in favor of the plaintiff. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986).

         A. Collado's Accident

         Collado was, at all relevant times, employed by HHC as a clerical administrative associate at Lincoln Hospital (“Lincoln”) in the Bronx. (ECF No. 17-10, Def.'s Local Rule 56.1 Statement (“Def.'s 56.1 Statement”) ¶ 4.)

         On May 5, 2014, plaintiff slipped and fell on the second floor of Lincoln's Annex Building while delivering a document to her supervisor in a nearby office. (Id. ¶ 15-16.) The floor had been recently mopped by Melfi Orfiz, who worked for NYCHHC as a housekeeper. (Id. ¶¶ 5, 17.) At the time, there were no “wet floor” signs in the area where plaintiff fell. (Id. ¶ 18.)

         B. The Crothall Contract

         On November 1, 2011, HHC and Crothall entered into a contract under which Crothall would provide housekeeping management services to Lincoln Hospital. (Id. ¶ 7.)

         The contract provided, among other things, that Crothall would: 1) provide their own onsite managers; 2) “[t]rain, manage, and direct [NYCHHC's] Unionized Employees in the performance of the Services, in accordance with [NYCHHC's] policies and procedures;” 3) maintain NYCHHC employees time records; 4) provide and maintain training materials; and 5) furnish use of Crothall's proprietary software for housekeeping purposes. (ECF No. 21, Blyer Affirmation (“Blyer Aff.”), Ex. B.)

         Pursuant to this contract, on any given day, Crothall had two assistant directors on site and one director on site, between the hours of 6 a.m. and 11 p.m. (ECF No. 21, Ex. I, Simpson Decl. 5-7.) After 11 p.m, no Crothall personnel were on site until 6 a.m. in the morning. (Id.) These directors and assistant directors supervised HHC supervisors, whose job it was in turn to supervise the 60-70 HHC housekeepers who worked at any given shift. (Id. at 15-17.)

         C. Management Structure

         All housekeepers at Lincoln during the relevant period were HHC employees. (Def.'s 56.1 Statement ¶ 12.) They were hired by HHC, paid by HHC, wore HHC (“Lincoln”) ...


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