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Berman v. 160 Parking Corp.

Summary Judgment Denied; Questions as to What Caused Plaintiff's Injuries

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NYSCEF doc nos. 34-59, 64-68, 70-71, 73, 94-100, and 123 were read on seq. 002 for summary judgment. NYSCEF doc nos. 74-89, 93, 101-103, 119-120, 124, and 127 were read on seq. 003 for summary judgment. NYSCEF doc nos. 90-92, 104-118, 121-122, and 125-126 were read on seq. 004 for summary judgment. DECISION ORDER ON MOTION Motion seq. no 002 by defendant 160 Parking Corp. pursuant to CPLR 3212 for an order granting summary judgment in favor of 160 Parking Corp. dismissing the complaint and all cross claims as against it denied. Motion seq. no. 003 by defendant Phoenix Owners Corp. pursuant to CPLR 3212 for an order granting summary judgment in favor of Phoenix Owners Corp. dismissing the complaint and all cross claims as against it denied. Motion seq. no. 004 by plaintiff Howard Berman pursuant to CPLR 3212 for an order granting summary judgment in favor of plaintiff on the issue of liability over defendants or determining that defendants violated the industry standard by failing to install handrails on both sides of the parking garage ramp denied. BACKGROUND Procedural History Plaintiff commenced this action on January 28, 2021, by filing a summons and complaint (NYSCEF doc no. 1 [hereinafter complaint]). The subject premises is a parking garage located at 187 East 64th Street, New York, NY 10065 (hereinafter parking garage), which is part of a large building (complaint 4). The complaint alleges that defendant Phoenix Owners Corp. (hereinafter Phoenix) owned, operated, maintained, managed, and controlled the parking garage (id.

4-8). The complaint further alleges that Phoenix leased the parking garage to defendant 160 Parking Corp. (hereinafter 160 Parking) (id. 10). The complaint further alleges that 160 Parking operated, maintained, managed, and controlled the parking garage (id.

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