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Barkley v. SL Green Mgt. LLC

Management Agent Not Liable for Negligence in Elevator Accident

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ADDITIONAL CASES SL Green Management, LLC, Plaintiff v. Nouveau Elevator Industries, Inc., Defendant; Third-Party 595745/2017 The following e-filed documents, listed by NYSCEF document number (Motion 003) 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162 were read on this motion to/for JUDGMENT – SUMMARY. DECISION + ORDER ON MOTION In motion sequence number 003, defendant SL Green Management, LLC (SL Green) moves for summary judgment, pursuant to CPLR 3212, to dismiss the sole negligence cause of action asserted against it by plaintiff Isabel Barkley (Barkley), and to grant it summary judgment with respect to the third-party causes of action for contractual indemnification, common law indemnification, and breach of contract it asserts against third-party defendant Nouveau Elevator Industries, Inc. (Nouveau). Nouveau supports SL Green’s motion for summary judgment against Barkley but cross-moves for summary judgment, to dismiss SL Green’s third-party causes of action in their entirety. Barkley opposes SL Green’s motion and Nouveau’s cross motion. Background Barkley, a resident of the State of New York, alleges that, on July 18, 2016, at about 7 o’clock in the evening, she was injured at the building located at 100 Park Avenue, in the County, City and State of New York (Premises), when she “was caught in the [closing] doors of an elevator while exiting on the 4th floor when the elevator sensor did not re-track (sic)” (see summons and complaint, dated May 31, 2017,

1, 16-17 [NYSCEF Doc No. 1] and affirmation of Brian A. Kalman, Esq., executed December 11, 2020 [Kalman affirmation] [NYSCEF doc No. 101], exhibit A [Plaintiffs Bill of Particulars, dated August 3, 2017 [BP] [NYSCEF Doc No. 102],

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