7/6/18 James Tudy, IV v. New Rochelle Municipal Housing Authority, et al.
Plaintiff claimed that he sustained serious personal injuries on January 4, 2015, as a result of slipping and falling on water and de-icing salt within the vestibule of his apartment building lobby, located at 111 Lockwood Avenue, New Rochelle, NY 10801. Our client, Unifirst Corporation, provided floor mats at the premises. In support of his general negligence claims against Unifirst, the plaintiff claimed that Unifirst’s mats were not suitable for their intended use within the vestibule area and that their improper placement caused plaintiff’s accident.
Following the close of discovery, Nicholas V. Ferrara moved for summary judgment to dismiss the plaintiff’s claims in their entirety pursuant to CPLR §3212. Mr. Ferrara argued that Unifirst did not owe a duty to the plaintiff as a third-party contractor hired by the building owner. Additionally, Mr. Ferrara argued Unifirst had no duty to inspect, maintain, clean, or ameliorate any defect within the subject vestibule or sliding glass doors at the subject premises. Furthermore, there was no evidence which demonstrated that Unifirst caused or created the alleged defective conditions which caused plaintiff to fall. The Court agreed with our arguments and granted our motion for summary judgment dismissing the plaintiff’s complaint in its entirety along with all cross-claims asserted by the co-defendants in this matter.