Bonventre v Soho Mews Condominium
2019 NY Slip Op 04330 [173 AD3d 411]
June 4, 2019
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 31, 2019


[*1]
 Stefano Bonventre, Respondent,
v
Soho Mews Condominium et al., Appellants, et al., Defendants.

Gallo Vitucci Klar LLP, New York (Chad E. Sjoquist of counsel), for appellants.

David Horowitz, P.C., New York (David Fischman of counsel), for respondent.

Order, Supreme Court, New York County (Barbara Jaffe, J.), entered January 4, 2019, which denied the motion of defendants Soho Mews Condominium and Sequoia Property Management Corp. for summary judgment dismissing the complaint and all cross claims as against them, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

Plaintiff's account of the accident makes clear that neither the ladder on which he climbed nor the surface on which the ladder was placed was defective or dangerous. Rather, it was the positioning and use of the ladder that caused plaintiff's fall. Furthermore, there is no evidence that defendants exercised any supervisory control or had any input in the ultimate positioning of the ladder, which plaintiff admittedly discussed with his supervisor (see Lombardi v Stout, 80 NY2d 290, 295 [1992]; Ventura v Ozone Park Holding Corp., 84 AD3d 516, 517 [1st Dept 2011]).

Since defendant Watson Gold Designs, Inc. did not oppose defendants' motion for summary judgment dismissing its cross claim, the cross claim should have been dismissed (see e.g. Cassell v City of New York, 159 AD3d 603 [1st Dept 2018]). Concur—Acosta, P.J., Richter, Kapnick, Kahn, Kern, JJ.