Jaya v. 25 Park LLC

2025 NY Slip Op 32161(U)

• Court: New York Supreme Court, New York County
• Decided: June 18, 2025
• Docket: Index No. 153961/2022
• Status: Unpublished

Opinion

Jaya v 25 Park LLC 2025 NY Slip Op 32161(U) June 18, 2025 Supreme Court, New York County Docket Number: Index No. 153961/2022 Judge: Mary V. Rosado Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. INDEX NO. 153961/2022 NYSCEF DOC. NO. 226 RECEIVED NYSCEF: 06/18/2025

SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY

PRESENT: HON. MARY V. ROSADO PART 33M Justice ------------------X INDEX NO. 153961/2022 JEFFERSON BUSTAMANTE JAVA, MOTION DATE 08/21/2024 Plaintiff, MOTION SEQ. NO. 004 -v- 25 PARK LLC,25 PARK CORP., WILLIAMS EQUITIES LLC,COLLIERS INTERNATIONAL NY LLC,COLLIERS TRI- STATE MANAGEMENT LLC,NEUEHOUSE LLC,NEUEHOUSE MADISON SQUARE LLC,NEUEHOUSE DECISION + ORDER ON NEW YORK HQ LLC,NEUEHOUSE MANAGEMENT MOTION LLC,FOTOGRAFISKA NEUEHOUSE, INC.,CULTUREWORKS, INC.,KAWNEER COMPANY, INC.,KILROY ARCHITECTURAL WINDOWS, INC.,

Defendant. ------------------X

25 PARK LLC, 25 PARK CORP., WILLIAMS EQUITIES LLC, Third-Party COLLIERS INTERNATIONAL NY LLC, COLLIERS TRI-STATE Index No. 595014/2023 MANAGEMENT LLC

Plaintiff,

-against-

CONTINENTAL WINDOW CLEANING INC.

Defendant. ------------------X 25 PARK LLC, 25 PARK CORP., COLLIERS INTERNATIONAL Second Third-Party NY LLC, COLLIERS TRI-STATE MANAGEMENT LLC Index No. 595457/2023

KAWNEER COMPANY, INC., KILROY ARCHITECTURAL WINDOWS, INC.

Defendant. ------------------X 25 PARK LLC, 25 PARK CORP., WILLIAMS EQUITIES LLC, Third Third-Party COLLIERS INTERNATIONAL NY LLC,'COLLIERS TRI-STATE Index No. 595634/2023

153961/2022 BUSTAMANTE JAVA, JEFFERSON vs. 25 PARK LLC ET AL Page 1 of4 Motion No. 004

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MANAGEMENT LLC

KILROY ARCHITECTURAL WINDOWS

Defendant. -------------------X

The following e-filed documents, listed by NYSCEF document number (Motion 004) 118, 119, 120, 121, 122,123,124,151,152,153,159,160,207,208,209,210,211,212,213,214,215,216 were read on this motion to/for SUMMARY JUDGMENT(AFTER JOINDER

Upon the foregoing documents, and after a final submission date of April 29, 2025, Third-

Party Defendant Continental Window Cleaning Inc.' s ("Continental") motion for summary

judgment dismissing all claims, third-party claims, crossclaims, and counterclaims asserted against

it is granted.

I. Background

Non-party Metropolitan Window Washing ("Metropolitan") employed Plaintiff as a

window washer. On April 13, 2022, Plaintiff was washing a window on the 11 th floor of the

building located at 104 East 25 th Street, New York, New York (the "Building") when the top sash

of the window fell and severed Plaintiff's finger. Allegedly, the pivot bars on the window were

broken. Metropolitan was a subcontractor of third-party defendant Continental Window Cleaning,

Inc. ("Continental"). Continental was in turn contracted by the owner of the Building, Defendant

25 Park LLC (NYSCEF Doc. 203). Now, Continental seeks summary judgment dismissing all

claims and crossclaims asserted against it. The only party to oppose Continental' s motion is

Defendants/Third-Party Plaintiffs/Second Third-Party Plaintiffs 25 Park LLC, 25 Park Corp.,

Williams Equities LLC, Colliers International NY LLC and Colliers Tri-state/Management LLC

(collectively "Owner Defendants").

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II. Discussion

"Summary judgment is a drastic remedy, to be granted only where the moving party has

tendered sufficient evidence to demonstrate the absence of any material issues of fact." (Vega v

Restani Const. Corp., 18 NY3d 499, 503 [2012]). The moving party's "burden is a heavy one and

on a motion for summary judgment, facts must be viewed in the light most favorable to the non-

moving party." (Jacobsen v New York City Health and Hosps. Corp., 22 NY3d 824, 833 [2014]).

Once this showing is made, the burden shifts to the party opposing the motion to produce

evidentiary proof, in admissible form, sufficient to establish the existence of material issues of fact

which require a trial (See e.g., Zuckerman v City ofNew York, 49 NY2d 557, 562 [1980]).

Continental's motion for summary judgment is granted. The Owner Defendants'

opposition hinges solely on Continental' s alleged failure to ensure Plaintiff was properly trained

how to open windows and failure to properly supervise Plaintiff, who was an employee of

Continental's subcontractor. However, this opposition relies solely on the Owner Defendants'

attorneys' assertions, which are not entitled to any probative value. Nor do the Owner Defendants'

rebut Plaintiffs deposition testimony, that his employer trained him how to open windows

properly.

Moreover, the Owner Defendants fail to offer any rebuttal to Continental's expert

affirmation. Continental' s expert opined that it was the Owner Defendants' employee who was

responsible for repairing and maintaining the window which injured Plaintiff. Continental, as a

window washing company, had no responsibility for repair and maintain the window in such a

way to prevent Plaintiffs injury (NYSCEF Doc. 123). Indeed, Continental's expert, who observed

the window at issue, opined that the accident was caused by a mechanical failure of the window,

which has nothing to do with window cleaning services, and the alleged defect - a broken pivot

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bar would be difficult, if not impossible to discover from a visual inspection. Based on this

record, the lack of opposition from Plaintiff and other parties, and the Owner Defendants' failure

to raise a material issue of fact, Continental's motion for summary judgment dismissing all claims

and crossclaims asserted against it is granted.

Accordingly, it is hereby,

ORDERED that Defendant Continental Window Cleaning Inc.'s motion for summary

judgment dismissing all claims, third-party claims, crossclaims, and counterclaims asserted against

it is granted; and it is further

ORDERED that within ten days of entry, counsel for Defendant Continental Window

Cleaning Inc. shall serve a copy of this Decision and Order, with notice of entry, on all parties via

NYSCEF.

This constitutes the Decision and Order of the Court.

6/18/2025 DATE H~. MARY V. ROSADO, J.S.C.

CHECK ONE: CASE DISPOSED x NON-FINAL DISPOSITION

x GRANTED □ DENIED GRANTED IN PART □ OTHER APPLICATION: SETTLE ORDER SUBMIT ORDER

CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT □ REFERENCE

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