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SIERRA v. OGDEN CAP PROPERTIES, LLC

56, 103927/11, 590040/12, 590674/12

135 A.D.3d 654 (2016)

24 N.Y.S.3d 604

2016 NY Slip Op 00598

JESSICA SIERRA, Plaintiff, v. OGDEN CAP PROPERTIES, LLC, et al., Respondents, et al., Defendants. OGDEN CAP PROPERTIES, LLC, et al., Third-Party Plaintiffs-Respondents, v. HEALTH INSURANCE PLAN OF GREATER NEW YORK, Third-Party Defendant, and LENOX HILL HOSPITAL, Third-Party Defendant-Appellant. (And a Second Third-Party Action.)

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

Decided January 28, 2016.

The motion court correctly found that Lenox Hill failed to establish prima facie that its sublease had expired before plaintiff's 2009 accident. While the initial term of the sublease expired in 2006, the sublease provided for automatic renewals, and indicated that it was co-terminus with the within-referenced Health Care Services Agreement between Lenox Hill and codefendant Health Insurance Plan of Greater New York. In support of its motion, Lenox Hill submitted the sublease...

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