Rangon v Skillman Ave. Corp.

[*1] Rangon v Skillman Ave. Corp. 2010 NY Slip Op 50969(U) [27 Misc 3d 1230(A)] Decided on June 3, 2010 Supreme Court, Kings County Rivera, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected in part through June 4, 2010; it will not be published in the printed Official Reports.

Decided on June 3, 2010
Supreme Court, Kings County

Line Viviane Rangon, Plaintiff,

against

Skillman Avenue Corp., Lal C. Sani and First Pioneer Properties, Inc., Defendants.



37311/07



Attorneys for Plaintiff

Mark R. Mauser, Esq.

Dinkes & Schwitzer, PC

112 Madison Avenue

New York, NY 10016

(212) 683-3800

Attorneys for Defendant

Christopher B. Hitchcock, Esq.

Hitchcock & Cummings

757 Third Avenue, 25th Floor

New York, NY 10017

(212) 688-3025

Francois A. Rivera, J.

By notice of motion filed on September 3, 2009, under motion sequence number seven, defendants Skillman Avenue Corp. and First Pioneer Properties, Inc. (hereinafter the movants) jointly move pursuant to CPLR § 3212 for an order granting summary judgment in their favor on liability and dismissing the complaint. Plaintiff Line Viviane Rangon opposes the motion.

BACKGROUND

On October 9, 2007, plaintiff commenced the instant action by filing a summons and verified complaint with the Kings County Clerk's office. By verified answer dated [*2]November 26, 2007, the movants joined issue. By so-ordered stipulation, dated March 17, 2008, plaintiff discontinued the instant action against Lal C. Sani with prejudice. Thus, the movants are the only remaining defendants in this action. On July 8, 2009, plaintiff filed a note of issue.

Plaintiff brings this action for damages to recover for personal injuries allegedly sustained during a fall down a set of stairs located at 33-02 Skillman Avenue, Long Island City, New York. Skillman Avenue Corp. is the owner of the premises. The complaint alleges that First Pioneer Properties, Inc. is the manager of the premises. The complaint alleges forty seven allegations of fact in support of three causes of action. The first cause of action is against Skillman Avenue Corp., the second is against Lal C. Sani and the third is against First Pioneer Properties, Inc. The movants' verified answer asserts eleven affirmative defenses.