Hinton v. City of New York
Opinion of the Court
Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered August 6, 2009, which, in an action for personal injuries sustained when plaintiff fell four feet off the edge of the loading side of a loading dock, denied motions for summary judgment by defendants premises owner and lessee, unanimously reversed, on the law, without costs, and the motions granted. The Clerk is directed to enter a judgment dismissing the complaint and all cross claims as against defendants City of New York, Department of Parks and Recreation of the City of New York, New York Yankees, and New York Yankees Partnership.
Defendants made a prima facie showing that they were under no duty of care requiring installation of a guardrail or other safety measures designed to prevent a fall like this, by submitting their employees’ deposition testimony that no prior accidents like this had occurred, and an expert’s affidavit that nei
The motion court’s denial of the premises owner’s motion for summary judgment as untimely was error because the motion contained the same arguments as the lessee’s pending, timely motion (see Filannino v Triborough Bridge & Tunnel Auth., 34 AD3d 280, 281 [2006]).
We have considered plaintiffs other arguments and find them unavailing. Concur—Gonzalez, EJ., Tom, Renwick, DeGrasse and Abdus-Salaam, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.