Evans v. Citicorp

Appellate Division of the Supreme Court of New York

Evans v. Citicorp

276 A.D.2d 370, 714 N.Y.S.2d 473, 2000 N.Y. App. Div. LEXIS 10645

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 19, 2000

StatusPublished

Cited by3 cases

This text of 276 A.D.2d 370 (Evans v. Citicorp) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Evans v. Citicorp, 276 A.D.2d 370, 714 N.Y.S.2d 473, 2000 N.Y. App. Div. LEXIS 10645 (N.Y. Ct. App. 2000).

Pincite

Opinion

Order, Supreme Court, New York County (Franklin Weissberg, J.), entered March 23, 1999, which, in an action for personal injuries sustained by a building maintenance worker against the building’s owner and sole tenant, insofar as appealed from as limited by the briefs, granted the tenant’s motion for summary judgment, denied the owner’s motion for summary judgment, and denied plaintiffs cross motion for further disclosure, unanimously modified, on the law, to grant the owner’s motion for summary judgment, and otherwise affirmed, without costs. The Clerk is directed to enter judgment in favor of defendant Riverdale Realty Company, Inc., now known as United Properties Group, dismissing the complaint as against it.

The action was properly dismissed as against the tenant upon a finding that plaintiff was its special employee. The record establishes that while third-party defendant paid plaintiffs salary and workers’ compensation benefits, his duties were directed and controlled by the tenant, certain of whose employees he considered to be his supervisors with influence effectively amounting to authority to fire him (see, Thompson v Grumman Aerospace Corp., 78 NY2d 553). Plaintiffs cross motion for further disclosure is moot, as the requested material has been provided. However, summary judgment should also have been granted to the owner, and we modify accordingly. Plaintiff was injured when he slipped and fell on snow and ice on the roof of the building. The right to reenter and inspect and make structural repairs reserved by the owner, an out-of-possession landlord, did not render it responsible for the general maintenance of the premises, including snow removal, which was the sole responsibility of the tenant. The cause of plaintiffs fall, snow and ice, did not involve a structural defect, and plaintiff does not refer to a statutory provision that was violated (see, Manning v New York Tel. Co., 157 AD2d 264). We have considered plaintiffs remaining contentions and find them unavailing. Concur — Tom, J. P., Mazzarelli, Lerner, Rubin and Friedman, JJ.

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Order, Supreme Court, New York County (Franklin Weissberg, J.), entered March 23, 1999, which, in an action for personal injuries sustained by a building maintenance worker against the building’s owner and sole tenant, insofar as appealed from as limited by the briefs, granted the tenant’s motion for summary judgment, denied the owner’s motion for summary judgment, and denied plaintiffs cross motion for further disclosure, unanimously modified, on the law, to grant the owner’s motion for summary judgment, and otherwise affirmed, without costs. The Clerk is directed to enter judgment in favor of defendant Riverdale Realty Company, Inc., now known as United Properties Group, dismissing the complaint as against it.

The action was properly dismissed as against the tenant upon a finding that plaintiff was its special employee. The record establishes that while third-party defendant paid plaintiffs salary and workers’ compensation benefits, his duties were directed and controlled by the tenant, certain of whose employees he considered to be his supervisors with influence effectively amounting to authority to fire him (see, Thompson v Grumman Aerospace Corp., 78 NY2d 553). Plaintiffs cross motion for further disclosure is moot, as the requested material has been provided. However, summary judgment should also have been granted to the owner, and we modify accordingly. Plaintiff was injured when he slipped and fell on snow and ice on the roof of the building. The right to reenter and inspect and make structural repairs reserved by the owner, an out-of-possession landlord, did not render it responsible for the general maintenance of the premises, including snow removal, which was the sole responsibility of the tenant. The cause of plaintiffs fall, snow and ice, did not involve a structural defect, and plaintiff does not refer to a statutory provision that was violated (see, Manning v New York Tel. Co., 157 AD2d 264). We have considered plaintiffs remaining contentions and find them unavailing. Concur — Tom, J. P., Mazzarelli, Lerner, Rubin and Friedman, JJ.

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Bluebook (online)

276 A.D.2d 370, 714 N.Y.S.2d 473, 2000 N.Y. App. Div. LEXIS 10645, Counsel Stack Legal Research, https://law.counselstack.com/opinion/evans-v-citicorp-nyappdiv-2000.

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