SCHMIDT v. ONE NEW YORK PLAZA CO. LLC

4298. 151406/13.

153 A.D.3d 427 (2017)

60 N.Y.S.3d 37

2017 NY Slip Op 06047

MARK SCHMIDT, Respondent, v. ONE NEW YORK PLAZA CO. LLC et al., Appellants.

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

Decided August 8, 2017.


We find that the motion court erred in denying defendants' motion for summary judgment.

Plaintiff testified that he was employed by nonparty Michael Stapleton Associates, an agency that provides security services to defendants. On the day of his accident, plaintiff was assigned to New York Plaza with his bomb-sniffing dog and was responsible for inspecting trucks as they sought entry to the loading dock at the premises. Plaintiff testified that immediately prior to...

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