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MOORE v. 158 ST. RIVERSIDE DRIVE HOUSING CO., INC.

59 A.D.3d 245 (2009)

873 N.Y.S.2d 569

PAMELA MOORE, Appellant, v. 158 ST. RIVERSIDE DRIVE HOUSING CO., INC., Respondent, et al., Defendant. 158 ST. RIVERSIDE DRIVE HOUSING CO., INC., Third-Party Plaintiff-Respondent, v. EDWIN GOULD FOUNDATION FOR CHILDREN, INC., Third-Party Defendant, and EDWIN GOULD SERVICES FOR CHILDREN, Sued Herein as EDWARD GOULD SERVICES FOR CHILDREN, et al., Third-Party Defendants-Respondents. 158 ST. RIVERSIDE DRIVE HOUSING CO., INC., Second Third-Party Plaintiff-Respondent, v. KINGSLAND SERVICE FUND, INC., Second Third-Party Defendant-Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided February 17, 2009.

The court properly dismissed plaintiff's claim for common-law negligence. In support of summary judgment, defendant asserted that it had no duty to plaintiff, citing the occupancy agreement for the cooperative unit, which placed the duty to maintain and repair the light fixtures on the unit owner, not on defendant, the owner of the building. Plaintiff, an employee of the lessee of the unit, third-party defendant Edwin Gould Services for Children, who was injured when she...

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