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Hedges v. E. River Plaza, LLC

Prior Criminal Incident Obligated Property Owner to Protect Against Future Risks

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DECISION/ORDER

*1  In this action, plaintiff Marion Hedges (Plaintiff), her son, Dayton Hedges, and her husband, Michael Hedges, sue to recover damages for injuries sustained by the Plaintiff as a result of being struck by a shopping cart which was hurled over a railing on the fourth floor of the East River Plaza Shopping Center located on East 117th Street in Manhattan. Dayton Hedges, who was with his mother at the time she was struck and injured, sues for negligent infliction of emotional distress; and Michael Hedges sues for loss of services. Plaintiffs sue the shopping center’s owner and management company, several tenant stores, and the security company. By separate motions (seq. nos. 014, 015, 016, 017 and 018), all parties move or cross move for summary judgment, in whole or in part, on various negligence and/or indemnification claims and cross claims. The motions are consolidated for purposes of their disposition.BACKGROUNDEast River Plaza Shopping Center (East River Plaza or the shopping center or the mall) is owned by defendant Tiago Holdings, LLC (Tiago) and managed by defendant ERP Management LLC (ERP). Defendants Blumenfeld Development Group, Ltd., Forest City Enterprises, Inc., and Forest City Ratner Companies (collectively, with Tiago and ERP, the Tiago defendants) have an ownership interest in Tiago. Defendants Target Corporation (Target), Costco Wholesale Corporation (Costco), and Bob’s Discount Furniture of NY, LLC (Bob’s), are tenants of the shopping center pursuant to leases with Tiago.East River Plaza is a five-level retail shopping center with an attached multi-level parking

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