8944. KEVIN EDWARDS, plf-res, v. BP/CG CENTER I, INC. Defendantsres-ap, TEMCO SERVICES INDUSTRIES, INC., Defendant-Appellant-res — BP/ CG CENTER I, INC. Third-Party plfres v. PRO-QUEST SECURITY, INC., Third Party Defendant-res-res — Lester Schwab Katz & Dwyer, New York (Steven B. Prystowsky of counsel), for Temco Service Industries, Inc., appellant-res — Raven & Kolbe LLP, New York (Ryan E. Dempsey of counsel), for BP/CG Center I, Inc., BP/CG Center II, Inc., and Boston Properties Limited Partnerships, respondentsappellants/ res — Havkins, Rosenfeld, Ritzert & Varriale LLP, Mineola (Gail I. Ritzert of counsel), for Pro-Quest Security, Inc., res-res — Law Offices of Douglas A. Emanuel, South Salem (Richard G. Monaco of counsel), for Kevin Edwards, res — Order, Supreme Court, New York County (Marcy S. Friedman, J.), entered February 7, 2012, which, to the extent appealed from as limited by the briefs, denied defendants’ motions for summary judgment dismissing the complaint and all cross claims as against them, and denied third-party defendant Pro-Quest Security, Inc.’s motion for summary judgment dismissing the third-party complaint, unanimously modified, on the law, to grant Pro-Quest’s motion as to the third-party causes of action except for the cause of action for common-law indemnification of defendant/third-party plaintiff Temco Services Industries, Inc., and otherwise affirmed, without costs.
Contrary to the contention of defendants BP/CG Center I, Inc., BP/ CG Center II, Inc., and Boston Properties Limited Partnership (collectively, Boston), the record demonstrates that the loading dock and ramp on which plaintiff slipped and fell were means of ingress and egress on premises open to the public. Thus, Boston had a nondelegable duty to maintain them in a reasonably safe condition, and can be held vicariously liable for any negligence on the part of Temco or Pro-Quest that caused them to be unsafe (see LoGiudice v. Silverstein Props., Inc., 48 AD3d 286 [1st Dept 2008]). The record presents issues of fact whether Temco failed to perform its maintenance contract with Boston, performed negligently, or negligently created the wet condition on the ramp (see Tamhane v. Citibank, N.A., 61 AD3d 571, 572-573 [1st Dept 2009]). Among the evidence is conflicting testimony as to whether it was a Temco or a Pro-Quest employee who was holding a hose.
