Vasquez v. 1107 Fifth Ave. Corp.

BRONX COUNTY
Torts

New York Law Journal

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Justice Sharon Aarons

J and J Johnson General Contracting moved for dismissal of the complaint in Vasquez's personal injury action. Vasquez slipped and fell at his workplace on a carpeted outdoor ramp constructed by JJ, who contracted with a resident at the subject property to do renovation at an apartment. JJ constructed the temporary ramp, but was asked to leave it in place after the renovation was completed for convenience of the premises. Property manager Midboro requested JJ's permission to keep the ramp, agreeing to take full responsibility for it. The court ruled JJ demonstrated its entitlement to judgment by establishing it owed no duty of care to Vasquez. It ruled there was substantial evidence that Midboro and the property's board of directors took control of the ramp, with testimony showing JJ was asked to leave the ramp with an understanding the premises took over control and maintenance of the ramp. The court found Vasquez was not injured while the ramp was being used for the purpose it was built, but that he was injured four years after JJ sought to dismantle it, but was asked to leave the ramp for the use of the premises. Thus, JJ was granted summary judgment dismissing the complaint against it.

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