The following e-filed documents, listed by NYSCEF document number (Motion 001) 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 156 were read on this motion to/for SUMMARY JUDGMENT The following e-filed documents, listed by NYSCEF document number (Motion 002) 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 109, 121, 136, 137, 138, 139, 140, 141, 142, 143, 144, 154, 155 were read on this motion to/for SUMMARY JUDGMENT The following e-filed documents, listed by NYSCEF document number (Motion 003) 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 118, 119, 120, 145, 146, 147, 148, 149, 150, 151, 152, 153, 158 were read on this motion to/for SUMMARY JUDGMENT DECISION + ORDER ON MOTION Motions bearing sequence numbers 001, 002 and 003 are consolidated herein for determination. This action involves a claim for bodily injury allegedly caused when a piece of acrylic covering sign on a building’s façade fell off and struck a pedestrian on the head. FACTUAL AND PROCEDURAL BACKGROUND Plaintiff Zoljargal Nyambuu, a resident of the County, City and State of New York (amended verified complaint [complaint], 1), alleges that, at the time of her accident, defendant Whole Foods Market Group, Inc. (Whole Foods) operated a retail store (Premises) at 4 Union Square South in Manhattan (Building), at which site the exterior sign at issue is located (id. 5). Plaintiff also alleges, upon information and belief that, at Whole Foods’ behest, Colite International, Ltd. (Colite) designed and manufactured the sign (id.
12-14) and North Shore Neon Sign Co., Inc. (North Shore) installed, maintained and serviced it (id.
