ADDITIONAL CASES Douglas J. Moffitt, Third-Party Plaintiff v. Juan Dedios Lavariega Mendoza, Third-Party Defendant The Court read and considered the following documents in determining the motions for summary judgment submitted by defendants Triple J Vending, LLC (Sequence No. 2) and Douglas J. Moffitt (Sequence No. 3), as well as the plaintiffs’ cross-motion for summary judgment (Sequence No. 4): NYSCEF Docket Numbers Motion Sequence No. 2: 62-86, 113, 114, 119-121 Motion Sequence No. 3: 87-112, 123, 125 Motion Sequence No. 4: 109-111, 123, 125 DECISION & ORDER On or about April 28, 2018, plaintiff Dioscoro Lavariega Castellanos suffered serious physical injury when his hand got caught in a log splitter that he and third-party defendant Juan Dedios Lavariega Mendoza (who is the plaintiff’s son) were using on property jointly owned by defendant Douglass J. Moffitt (“Moffitt”) and Jennifer Jorgensen (“Jorgensen”), a member of defendant Triple J Vending, LLC (“Triple J”). The plaintiffs commenced this action with the filing of a summons and complaint on October 1, 2018. A first amended complaint was filed on February 15, 2019 followed by a second amended complaint on May 6, 2019. The second amended complaint asserted causes of action sounding in negligence against each of the defendants. Triple J and Moffitt served their answers to the second amended complaint on May 7, 2019 and May 16, 2019, respectively. Defendant Moffitt commenced a third-party action against the third-party defendant on or about October 3, 2019. Third-party defendant appeared in the action, pro se, by service of a verified answer to the third-party complaint on May 21, 2020. After the completion of discovery and filing of the note of issue, Triple J moved, by notice of motion dated February 8, 2021, for summary judgment dismissing the second amended complaint insofar as asserted against it (Motion Sequence No. 2). On February 9, 2021, Moffitt also moved for summary judgment dismissing the second amended complaint insofar as asserted against him (Motion Sequence No. 3). The plaintiffs opposed the defendants’ motions and, by notice of cross-motion dated March 16, 2021, moved for an order granting summary judgment against Moffitt and third-party defendant (Motion Sequence No. 4). For the reasons set forth herein, Triple J’s motion is granted, Moffitt’s motion is granted in part and denied in part, and the plaintiffs’ cross-motion is denied. RELEVANT UNDISPUTED FACTS The accident at issue in this litigation occurred on April 28, 2018 at 80 Bedell Road, Poughkeepsie, New York (hereinafter “the Property”). The Property is owned by Moffitt and Jorgensen. The plaintiff had performed landscaping and yard work on the Property for 15 years prior to the date of the incident [see Triple J Statement of Material Facts, NYSCEF Docket No. 83, 2]. Third-party defendant also had performed landscaping work on the Property for several years prior to the incident [id. at 3]. The landscaping work performed at the Property included mowing the lawn, gardening, cutting down trees, and other farm work [id. at 4], and involved the use of power tools [id. at 6]. Triple J is a vending company that owns, maintains, and stocks vending machines at various locations, including colleges and businesses [id. at 20]. Moffitt has no ownership interest in Triple J [id. at 23]. Triple J maintains a warehouse/office on the Property [id. at 21]. Triple J does not sell wood and/or logs as part of its business nor does it use wood and/or logs in its business operations [id. at
