Opinion
16476 158127/12.
12-29-2015
Daniel COSTA, et al., Plaintiffs–Respondents, v. MERRILL LYNCH/WFC/L, INC., et al., Defendants–Respondents, Nomura Holding America, Inc., et al., Defendants–Appellants.
Strongin Rothman & Abrams, LLP, New York (Howard F. Strongin of counsel), for appellants. Arye, Lustig & Sassower, P.C., New York (Jay A. Wechsler of counsel), for Daniel Costa and Karen Costa, respondents. Jeffrey Samel & Partners, New York (Robert G. Spevack of counsel), for Merrill Lynch/WFC/L, Inc., Bank of America Corporation and ABM Janitorial Services, Inc., respondents.
Strongin Rothman & Abrams, LLP, New York (Howard F. Strongin of counsel), for appellants.
Arye, Lustig & Sassower, P.C., New York (Jay A. Wechsler of counsel), for Daniel Costa and Karen Costa, respondents.
Jeffrey Samel & Partners, New York (Robert G. Spevack of counsel), for Merrill Lynch/WFC/L, Inc., Bank of America Corporation and ABM Janitorial Services, Inc., respondents.
Opinion
Order, Supreme Court, New York County (Joan M. Kenney, J.), entered September 10, 2014, which, insofar as appealed from as limited by the briefs, denied that part of the motion of defendants' Nomura Holding American, Inc., Nomura Securities International, Inc., and Nomura Securities North America, LLC. (collectively Nomura) for summary judgment dismissing the complaint and all cross claims as against them, unanimously affirmed, without costs.
Nomura's motion was properly denied, in this action where plaintiff Daniel Costa alleges that he was injured when he slipped on brown liquid in the freight elevator lobby of a floor leased by Nomura. The record presents triable issues of fact as to which floor that Nomura leased was the accident location, which entity was responsible for cleaning that part of the premises, and when, prior to plaintiff's accident, those premises were last inspected (see e.g. Nugent v. 1235 Concourse Tenants Corp., 83 A.D.3d 532, 920 N.Y.S.2d 660 1st Dept.2011 ).
FRIEDMAN, J.P., ACOSTA, ANDRIAS, RICHTER, JJ., concur.