Nolan v J.C.S. Realty, LLC

Nolan v J.C.S. Realty, LLC 2010 NY Slip Op 08850 [79 AD3d 414] December 2, 2010 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 16, 2011

Michael Nolan, Appellant,
v
J.C.S. Realty, LLC, Respondent, et al., Defendants. (And a Third-Party Action.)

—[*1] Jonathan D'Agostino & Associates, P.C., Staten Island (Edward J. Pavia, Jr. of counsel), for appellant. Peter Reilly & Associates, LLC, New York (Peter L. Reilly of counsel) for respondent.

Order, Supreme Court, New York County (Judith J. Gische, J.), entered February 8, 2010, which, inter alia, granted defendant J.C.S. Realty's cross motion for summary judgment dismissing the Labor Law § 200 and common-law negligence causes of action as against it, unanimously affirmed, without costs.

The record demonstrates that defendant timely served its motion (see Azcona v Salem, 49 AD3d 343 [2008]). In any event, the motion court could consider the motion to the extent that it addressed the same issues that were the subject of defendant TeleVast's undisputedly timely motion (Wilinski v 334 E. 92nd Hous. Dev. Fund Corp., 71 AD3d 538, 540 [2010]).

Defendant demonstrated that it exercised no supervisory control over the activity that brought about plaintiff's injury (see Comes v New York State Elec. & Gas Corp., 82 NY2d 876 [1993]).

There is no evidence that J.C. Studios and defendant J.C.S. Realty did not operate as separate corporate entities (see Figueiredo v New Palace Painters Supply Co. Inc., 39 AD3d 363, 364 [2007]).

We have reviewed plaintiff's remaining arguments and find them without merit. Concur—Tom, J.P., Friedman, DeGrasse, Freedman and Manzanet-Daniels, JJ.