FIELDS v. Todd W. Jones, et al., Defendants.

Reset A A Font size: Print

Supreme Court, Appellate Division, First Department, New York.

James FIELDS, et al., Plaintiffs-Respondents, v. The SEAVEY ORGANIZATION INC., etc., et al., Defendants-Appellants, Todd W. Jones, et al., Defendants.

Decided: February 25, 1999

ELLERIN, J.P., WALLACH, TOM and ANDRIAS, JJ. Joseph A. Montanile, for Plaintiffs-Respondents. Frederic P. Rickles, for Defendants-Appellants.

Order, Supreme Court, Bronx County (Jerry Crispino, J.), entered May 7, 1998, which, in an action by a laborer for personal injuries sustained at a construction site, insofar as appealed from, denied defendants-appellants' motion for summary judgment dismissing the complaint as against them without prejudice to renewal upon completion of disclosure, unanimously modified, on the law, to grant the motion insofar as made on behalf of the individual appellant and the complaint dismissed as against her, and otherwise affirmed, without costs.   The Clerk is directed to enter judgment in favor of defendant-appellant Mariateresa DiGiallonardo dismissing the complaint as against her.

With respect to the individual appellant, plaintiffs' only evidence purporting to bear upon her relationship to the site is a mortgage instrument she signed as president of the corporate owner of the site, corroborating her affidavit that she never acted in a personal capacity with respect to the site (see, Trenga Realty v. Tiseo, 117 A.D.2d 951, 499 N.Y.S.2d 262).   However, with respect to the corporate appellant, plaintiffs' documentation indicates that said appellant's officer and director is also the manager and organizer of the defendant builder/developer of the site, and that the two corporations share the same address.   This raises an issue of fact as to the relationship between the two corporations.   Plaintiffs should be given an opportunity to explore such relationship in discovery.

MEMORANDUM DECISION.