By Nelson, J.P.; Maltese, Genovesi, Dowling, JJ.
LEAH SKJOLDAL, plf-res, v. PACIFIC WEST CONSTRUCTION CORP., def second third-party plf-app, AVR REALTY COMPANY, LLC, ET AL., def-app, CAPONE ELECTRICAL CONTRACTORS CORP., def second third-party def-res (AND ANOTHER THIRD-PARTY ACTION) — (Index No. 605096/16) Cullen and Dykman LLP (Mauro Lilling Naparty LLP, Woodbury, NY [Matthew W. Naparty and Katherine Herr Solomon], of counsel), for defendants-appellants. Andrea G. Sawyers, Melville, NY (David R. Holland and Eric Feldman of counsel), for defendant second third-party plaintiff-appellant. Stephen A. Skor, South Richmond, NY (Jay T. Breakstone of counsel), for plaintiff-respondent. In an action to recover damages for personal injuries, the defendants AVR Realty Company, LLC, and Clear Meadow, LLC, appeal, and the defendant second third-party plaintiff, Pacific West Construction Corp., separately appeals, from an order of the Supreme Court, Nassau County (Anthony L. Parga, J.), entered January 2, 2020. The order, insofar as appealed from by the defendants AVR Realty Company, LLC, and Clear Meadow, LLC, denied their motion for summary judgment dismissing the second amended complaint insofar as asserted against them. The order, insofar as appealed from by the defendant second third-party plaintiff, denied those branches of its motion which were for summary judgment dismissing the second amended complaint insofar as asserted against it and on its third-party cause of action for contractual indemnification against the defendant second third-party defendant, Capone Electrical Contractors Corp. ORDERED that the order is reversed insofar as appealed from by the defendants AVR Realty Company, LLC, and Clear Meadow, LLC, on the law, and the motion of the defendants AVR Realty Company, LLC, and Clear Meadow, LLC, for summary judgment dismissing the second amended complaint insofar as asserted against them is granted; and it is further, ORDERED that the order is affirmed insofar as appealed from by the defendant second third-party plaintiff; and it is further, ORDERED that one bill of costs is awarded to the defendants AVR Realty Company, LLC, and Clear Meadow, LLC, payable by the plaintiff, and one bill of costs is awarded to the plaintiff payable by the defendant second third-party plaintiff. The plaintiff allegedly sustained injuries when she was hit on the head by a light fixture which fell from the ceiling during ongoing renovations to expand a pharmacy where she worked. An employee of the defendant second third-party defendant, Capone Electrical Contractors Corp. (hereinafter Capone), allegedly lost his balance while performing electrical work above the drop ceiling of the premises, which were owned by the defendant Clear Meadow, LLC (hereinafter together with the defendant AVR Realty Company, LLC, the AVR/Clear Meadow defendants), which, in turn, caused the light fixture to fall. The AVR/Clear Meadow defendants leased the premises to the third-party defendant CVS Corporation, and CVS Corporation retained the defendant second third-party plaintiff, Pacific West Construction Corp. (hereinafter Pacific West), as the general contractor for the renovation project. The plaintiff commenced this action to recover damages for personal injuries against the AVR/Clear Meadow defendants, Pacific West, and Capone. Pacific West subsequently commenced a third-party action against Capone, seeking contractual indemnification, among other things. Following discovery, the AVR/Clear Meadow defendants moved for summary judgment dismissing the second amended complaint insofar as asserted against them, and Pacific West moved, inter alia, for summary judgment dismissing the second amended complaint insofar as asserted against it and on its third-party cause of action for contractual indemnification against Capone. In an order entered January 2, 2020, the Supreme Court, among other things, denied the AVR/Clear Meadow defendants’ motion, and denied those branches of Pacific West’s motion. The AVR/Clear Meadow defendants appeal, and Pacific West separately appeals.
