BRIAN MCLAUGHLIN plf-res, v. ANN-GUR REALTY CORPORATION, def-res, BALBINO GENAO, def, EDUARDO ALMANZAR, def-ap

10321. BRIAN MCLAUGHLIN plf-res, v. ANN-GUR REALTY CORPORATION, def-res, BALBINO GENAO, def, EDUARDO ALMANZAR, def-ap — Gannon Rosenfarb Balletti & Drossman, New York (Lisa L. Gokhulsingh of counsel), for ap — Pollack, Pollack, Isaac & DeCicco, New York (Brian J. Isaac of counsel), for McLaughlin res — Cerussi & Spring PC, White Plains (Dennis R. Smith of counsel), for Ann-Gur Realty Corporation, res — Order, Supreme Court, Bronx County (Mark Friedlander, J.), entered July 16, 2012, which, to the extent appealed from as limited by the briefs, denied defendant Eduardo Almanzar's motion for summary judgment dismissing the General Municipal Law §205-a and loss of consortium claims and all cross claims against him, unanimously modified, on the law, to grant the motion as to plaintiffs' claims and as to defendant Ann-Gur Realty Corporation's cross claims for contribution and contractual and common-law indemnification, and otherwise affirmed, without costs.

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10321. BRIAN MCLAUGHLIN plf-res, v. ANN-GUR REALTY CORPORATION, def-res, BALBINO GENAO, def, EDUARDO ALMANZAR, def-ap — Gannon Rosenfarb Balletti & Drossman, New York (Lisa L. Gokhulsingh of counsel), for ap — Pollack, Pollack, Isaac & DeCicco, New York (Brian J. Isaac of counsel), for McLaughlin res — Cerussi & Spring PC, White Plains (Dennis R. Smith of counsel), for Ann-Gur Realty Corporation, res — Order, Supreme Court, Bronx County (Mark Friedlander, J.), entered July 16, 2012, which, to the extent appealed from as limited by the briefs, denied defendant Eduardo Almanzar’s motion for summary judgment dismissing the General Municipal Law §205-a and loss of consortium claims and all cross claims against him, unanimously modified, on the law, to grant the motion as to plaintiffs’ claims and as to defendant Ann-Gur Realty Corporation’s cross claims for contribution and contractual and common-law indemnification, and otherwise affirmed, without costs.

Plaintiff police officer was injured when he slipped off a sidewalk “stepoff” extending four feet into the sidewalk area from the building line of landlord Ann-Gur’s corner-lot building and the entrance to commercial tenant Almanzar’s bodega. Plaintiffs’ General Municipal Law §205-a claim, predicated upon Administrative Code of City of NY §§27-127 and 27-128 (since repealed and recodified at Administrative Code §28-301.1), and, belatedly, 34 RCNY 2-09(f), should be dismissed as against Almanzar, because these statutory provisions are not applicable to lessees (Zvinys v. Richfield Inv. Co., 25 AD3d 358, 360 [1st Dept 2006], lv denied 7 NY3d 706 [2006]). Contrary to Ann-Gur’s contention, Almanzar raised this ground for dismissal in the motion court.

BRIAN MCLAUGHLIN plf-res, v. ANN-GUR REALTY CORPORATION, def-res, BALBINO GENAO, def, EDUARDO ALMANZAR, def-ap

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