PATRICIA KENNY, PLAINTIFF, v. TURNER CONSTRUCTION COMPANY def

10271. PATRICIA KENNY, PLAINTIFF, v. TURNER CONSTRUCTION COMPANY def — [AND OTHER ACTIONS] THE CORPORATE SOURCE, INC., FOURTH THIRD-PARTY plf-res, v. MUESER RUTLEDGE CONSULTING ENGINEERS, FOURTH THIRD-PARTY def-ap — Lewis Brisbois Bisgaard & Smith LLP, New York (David M. Pollack of counsel), for ap — Hardin, Kundla, McKeon & Poletto, P.A., New York (David C. Blaxill of counsel), for res — Order, Supreme Court, New York County (Carol R. Edmead, J.), entered April 20, 2012, which denied Mueser Rutledge Consulting Engineerss motion to dismiss the fourth third-party complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment dismissing the fourth thirdparty complaint.

Plaintiff Patricia Kenny seeks damages for injuries sustained on January 19, 2005, when she slipped on black ice in the parking garage of the United States District Court, Eastern District Courthouse, in Central Islip, New York. The garage and courthouse were constructed in the 1990s and plaintiff alleges that a design defect caused or allowed water to drip, which water froze, causing the ice condition on which she slipped and fell. Third-party defendant The Corporate Source commenced a fourth third-party action seeking contribution from Mueser Rutledge Consulting Engineers (MRCE), a firm retained by another party to provide geotechnical engineering services in connection with the design and construction of the courthouse and garage. MRCE’s work on the project was completed by September 1997.