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BRANDNER v. BORICUA COLLEGE DEVELOPMENT CORP.

Index No. 151166/16. 595076/17. Appeal No. 15385. Case No. 2021-00182.

202 A.D.3d 616 (2022)

159 N.Y.S.3d 840

2022 NY Slip Op 01234

Susan Brandner, Plaintiff, v. Boricua College Development Corp. et al., Defendants. The Hispanic Society of America, Third-Party Plaintiff-Appellant, v. Urban Arborists, Inc., Third-Party Defendant-Respondent, et al., Third-Party Defendant.

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

Decided February 24, 2022.

Attorney(s) appearing for the Case

Sobel Pevzner, LLC, Huntington ( David M. Goldman of counsel), for appellant.

Wilson Elser Moskowitz Edelman & Dicker LLP, New York ( Patrick J. Lawless of counsel), for respondent.

Concur— Webber, J.P., Kern, Moulton, González, Mendez, JJ.

Urban made a prima facie showing of entitlement to summary judgment by submitting evidence that it was an independent contractor of defendant/third party plaintiff The Hispanic Society of America (Hispanic Society), which had enlarged tree wells on the sidewalk adjacent to the premises, but performed no work to the sidewalk in the area of the plaintiff's fall (see Espinal v Melville Snow Contrs., 98 N.Y.2d 136, 138 [2002]; see...

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