Ruiz v RHQ Assoc., LLC

Ruiz v RHQ Assoc., LLC 2012 NY Slip Op 00713 Decided on February 2, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 2, 2012
Gonzalez, P.J., Saxe, Moskowitz, Acosta, Freedman, JJ.
6711 20082/07

[*1]Luis Ruiz, Jr., Plaintiff-Respondent,

v

RHQ Associates, LLC, et al., Defendants-Appellants, Melvin McClain, et al., Defendants.




Smith Mazure Director Wilkins Young & Yagerman, P.C.,
New York (Marcia K. Raicus of counsel), for appellants.
Peña & Kahn PLLC, Bronx (Diane W. Bando of counsel), for
respondent.

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered January 7, 2011, which partially denied defendants RHQ Associates, LLC and Jerome Associates LLC's (defendants) motion for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

In seeking summary judgment to dismiss the complaint, defendants failed to address plaintiff's claims alleging vicarious liability for negligent entrustment and negligent maintenance of the premises. Their arguments in their reply papers were insufficient to cure the deficiency (see Dannasch v Bifulco, 184 AD2d 415, 416-417 [1992]). In any event, triable issues of fact exist as to whether the employee of defendants negligently entrusted the guns he found on the premises to his teenage son, and if so, whether defendants could be held vicariously liable for the employee's act (see Ramos v Jake Realty Co., 21 AD3d 744 [2005]; Burns v City of New York, 6 AD2d 30 [1958]). There is also a triable issue of fact as to whether defendants negligently [*2]permitted the hazardous condition to exist on the premises through the employee's acts (see Boderick v R.Y. Mgt. Co., Inc., 71 AD3d 144 [2009]).

Plaintiff's request for sanctions is denied.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: FEBRUARY 2, 2012

CLERK