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TORRES v. MERRILL LYNCH PURCHASING

Nos. 7781, 25001/03, 84509/05, 84813/05.

95 A.D.3d 741 (2012)

945 N.Y.S.2d 78

2012 NY Slip Op 4106

SHAIRIN TORRES, Respondent-Appellant, v. MERRILL LYNCH PURCHASING et al., Defendants, COLLIERS ABR et al., Appellant, and ABM JANITORIAL et al., Appellants-Respondents. (And a Third-Party Action.) MERRILL LYNCH/WFC/L, INC., Second Third-Party Plaintiff-Appellant, et al., Second Third-Party Plaintiff, v. COMMERZBANK AKTIENGESELLSCHAFT, Second Third-Party Defendant-Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 29, 2012.

Colliers' and ABM Engineering's motions for summary judgment dismissing the complaint as against them were properly denied because they merely pointed to gaps in plaintiff's proof instead of carrying their burdens on their motions (see Alvarez v 21st Century Renovations Ltd., 66 A.D.3d 524, 525 [2009]).

However, the janitorial contract gave ABM Janitorial exclusive control over cleaning in the area where plaintiff allegedly...

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