Muckadackal v. CLK-HP 275 Broadhollow LLC

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2020 NY Slip Op 35008(U)

JINO MUCKADACKAL, Plaintiff, v. CLK-HP 275 BROADHOLLOW LLC, CAPITAL ONE FINANCE CORP. and JONES LANG LASALLE NORTHEAST, INC. Defendants.

Index No. 609470/2016

Supreme Court, Suffolk County

October 26, 2020

Unpublished Opinion

THE THOMAS FIRM Attorney for Plaintiff.

AHMUTY, DEMERS & MCMANUS Attorney for Defendant.

LAW OFFICE OF ANDREA G. SAWYERS Attorney for Defendant Capital One Finance Corp.

KOWALSKI & DEVITO, ESQS. Attorney for Defendant Jones Lang LaSalle Americas, Inc.

PRESENT: Hon. JOSEPH A. SANTORELLI Justice.

HON JOSEPH A. SANTORELLI J.S.C.

Upon the following papers read on this motion for summary judgment: Notice of Motion/ Order to Show Cause and supporting papers toot. seq.005) by Capital One, dated May 21, 2020: Notice of Cross Motion and supporting papers ___; Answering Affidavits and supporting papers by Jones Lang LaSalle. dated July 9, 2020 and by plaintiff dated July 23, 2020; Replying Affidavits and supporting papers by Capital One, dated July 22. 2020; Notice of Motion/ Order to Show Cause and supporting papers toot, seq.006) by Jones Lang LaSalle. dated May 25, 2020: Notice of Cross Motion and supporting papers ___; Answering Affidavits and supporting papers by plaintiff, dated July 23 2020: Replying Affidavits and supporting papers by Jones Lang LaSalle. dated August 27, 2020; Notice of Motion/ Order to Show Cause and supporiing papers (mot. seq.007) by CLK-HP, dated May 25, 2020; Notice of Cross Motion and supporting papers ___; Answering Affidavits and supporting papers by Jones Lang LaSalle, dated July 9, 2020, and by plaintiff, dated July 23, 2020; Replying Affidavits and supporting papers by CLK-HP, dated August 27, 2020: Notice of Cross Motion and supporting papers (mot. seq. 008) by CLK-HP. dated July 8, 2020; Answering Affidavits and supporting papers by Jones Lang LaSalle. dated August 19, 2020. and by plaintiff, dated August 18, 2020; Replying Affidavits and supporting papers by CLK-HP, dated August 27, 2020 Other ___; it is

ORDERED that the motion and cross motion by defendant CLK-HP 275 Broadhollow LLC, the motion by defendant Capital One Financial Corp., and the motion by defendant Jones Lang LaSalle Americas, Inc. are consolidated for the purposes of this determination; and it is

ORDERED that the motion (005) by defendant Capital One Financial Corp. pursuant to CPLR 3212 for summary judgment in its favor with respect to its cross claims is denied as moot; and it is

ORDERED that the motion (006) by defendant Jones Lang LaSalle Americas, Inc. pursuant to CPLR 3212 for summary judgment dismissing the plaintiffs complaint and the cross claims against it is decided as indicated herein; and it is

ORDERED that the motion (007) by defendant CLK-HP 275 Broadhollow LLC pursuant to CPLR 3212 for summary judgment dismissing the plaintiffs complaint and the cross claims against it is decided as indicated herein; and it is further

ORDERED that the cross motion (008) by defendant CLK-HP 275 Broadhollow LLC pursuant to CPLR 3212 for summary judgment in its favor with respect to its cross claims is denied as moot.

The plaintiff commenced this action to recover damages for injuries that he allegedly sustained when a door fell on him while he was attending a meeting inside a building leased by his employer, defendant Capital One Financial Corp. ("Capital One")^[1]. The subject building was owned by defendant CLK-HP 275 Broadhollow LLC ("CLK"), and defendant Jones Lang LaSalle Americas Inc. s/h/a Jones LaSalle-Northeast, Inc. ("JLN") maintained the building on behalf of Capital One. The plaintiff alleges, among other things, that the defendants created a dangerous condition on the premises and that their failure to maintain the premises in a reasonably safe condition caused him to be injured. In its answer to the plaintiffs complain,, Capital One asserted cross claims for indemnification and breach of contract against JLN and CLK. Similarly, both CLK and JLN asserted indemnification claims against each other and against Capital One.

By stipulation dated February 13, 2020, the plaintiffs action against Capital One was discontinued. Capital One now moves for summary judgment dismissing the remaining claims against it and for summary judgment on its cross claims for indemnification JLN moves for summary judgment dismissing the plaintiffs complaint and the cross claims against it, arguing, among other things, that it did not create a dangerous condition, nor did it have actual or constructive notice of a dangerous condition on the premises. CLK moves for summary judgment on similar grounds as JLN, and it cross-moves for summary judgment on its claim for indemnification against Capital One.

The record shows that the plaintiff was an employee of Capital One, and that the accident occurred while he was at work at an office located at 275 Broadhollow Road in Melville, New York. The plaintiff was in a conference room inside the building when a door fell off its hinges and struck him. CLK owned the subject building, and Capital One, as the successor in interest to the building's previous tenant NorthFork Bank, leased the building from CLK. In October 2014, Capital One entered into a service agreement with JLN in which JLN agreed to perform general maintenance of the building, among other things.

The plaintiff testified that he was a manager at Capital One, and that he was in a meeting inside of a third floor conference room when the accident occurred. He testified that he visited the building on prior occasions but he could not recall whether he had entered the subject conference room. When he arrived to the meeting room, the door was open and he sat with his back to the door. He could not recall whether the door was closed at some point during the meeting, and when the meeting was over, he stood to exit and the door fell on him. The plaintiff was not aware of any complains s concerning the door prior to the accident.

John Burke testified on behalf of CLK. He testified that Capital One was the sole tenant in the building during the relevant period. As per the lease agreement with Capital One, CLK was not responsible for the maintenance or repair of the conference room, including the conference room doors. Burke testified that he observed that the subject door was installed after Capital One's predecessor moved into the building in 2007. Burke further testified that he did not receive any complaints about the door that fell on the plaintiff prior to the happening of the accident.

At his deposition, Kyle Middleton, a representative of Capital One testified that JLN operated as the facilities manager for Capital One buildings in New York, including the subject building. According to Middleton, a JLN representative generally accompanied a Capital One employee when an annual inspection was conducted at the building. The inspection included a three-hour walkthrough of the interior and exterior of the building, and notation of any maintenance or safety issues that needed to be addressed Upon completion of the inspection, JLN was responsible for any necessary remediation. When he conducted inspections with JLN, Middleton did not observe any issue or defect in the conference room door and he was not aware of any complaints about the door. Middleton testified that pursuant to the agreement between the parties, JLN was responsible for maintaining and repairing the doors and partitions of the conference room where the accident occurred. The agreement permitted JLN to make repairs up to $10, 000.00 without seeking authorization from Capital One, and to hire outside contractors or vendors to make such repairs. The incident report of the accident revealed that a pin dropped out of the pivot of the door, causing it to fall.

With respect to the lease agreement between Capital One and CLK, Middleton testified that Capital One was permitted to make alterations to the interior of the building with approval from CLK. He further testified that CLK was not responsible for the maintenance, inspection, or repair of doors at the premises. Middleton was not aware whether Capital One or CLK designed or made changes to the area where the plaintiffs accident occurred.

Cesare Arid, who was employed by JLN as a regional facilities manager during the relevant period, testified that his job duties included the day-to-day operation of the facilities managed by JLN. Arid testified that under the master services agreement with Capital One, JLN was responsible for the maintenance of the doors inside the subject premises. Part of his duties as the facilities manager included conducting quarterly inspections on the properties that the company managed. The inspections involved observing the lighting fixtures and opening and closing the doors to the conference rooms to determine whether they functioned properly. Staff that was located at the subject premises conducted a monthly inspection at the building, which included the subject conference room and the conference room door. If there was an issue with the door, a work order would have been created so that JLN could address the issue. Arid was not aware of any issues concerning the door that fell on the plaintiff, no work order was generated concerning the door, and he had not received any complaints about the door.

The master services agreement between Capital One and JLN provided, in part, that JLN would provide maintenance and repair programs for the Capital One buildings that it managed, including general building maintenance of the subject property. JLN agreed to perform preventative maintenance on structures used by Capital One, and provide various handyman services, such as repairing doors and door furniture. The master services...