A company that owned a service ramp at the One New York Plaza building's loading dock shouldn't be liable for the injury of a security officer who failed to raise a triable issue of fact regarding negligence in the ramp's construction, a state appeals court has ruled.

A unanimous Appellate Division, First Department, panel said Tuesday summary judgment was warranted because Mark Schmidt, assigned to work security at Manhattan's New York Plaza when the accident occurred, failed to raise a triable issue regarding violation of any industrywide standard at the time of the ramp's construction.

The panel pointed out, in Schmidt v. One New York Plaza, 151406/13, that Schmidt's expert “failed to 'offer concrete proof of the existence of the relied upon standard as of the relevant time, such as a published industry or professional standard or [related] evidence,'” quoting Hotaling v. City of New York.