### Velentzas v 685 First Realty Co. LLC

2024 NY Slip Op 30611(U)

February 27, 2024

Supreme Court, New York County

Docket Number: Index No. 161081/2018

Judge: Paul A. Goetz

Cases posted with a "30000" identifier, i.e., 2013 NY Slip

Op 30001 (U), are republished from various New York

State and local government sources, including the New

York State Unified Court System's eCourts Service.

This opinion is uncorrected and not selected for official

publication.161081/2018 VELENTZAS, FOTIOS vs. 685 FIRST REALTY COMPANY LLC

Motion No. 017 Page 1 of 4



## SUPREME COURT OF THE STATE OF NEW YORK

NEW YORK COUNTY

PRESENT: 

### HON. PAUL A. GOETZ PART 47

Justice

----------------------------------------------------------------- -- -------------- X INDEX NO. 161081/2018

MOTION DATE 05/23/2023

MOTION SEQ. NO. 017



### DECISION + ORDER ON

MOTION FOTIOS VELENTZAS,

Plaintiff,



### - v

-

685 FIRST REALTY COMPANY LLC,EAST RIVER REALTY

COMPANY LLC,SOLOW REALTY & DEVELOPMENT

COMPANY LLC,SECOND AVE. SOLOW DEVELOPMENT

CORP.,

Defendant s

.

------------------------------------------------------------------- -- ------------ X

685 FIRST REALTY COMPANY LLC, SOLOW REALTY &

DEVELOPMENT COMPANY LLC, SECOND AVE. SOLOW

DEVELOPMENT CORP.

Plaintiff s

,

- against

LIBERTY MECHANICAL CONTRACTORS, LLC, PAR

PLUMBING CO., INC.

Defendant s

.

-------------------------------------------------------------------------------- X Third

- Party

Index No. 595539/2021

685 FIRST REALTY COMPANY LLC

Plaintiff,

- ag ainst

-

Defendant.

-------------------------------------------------------------------------------- X Second Third

- Party

Index No. 595642/2021

LIBERTY MECHANICAL CONTRACTORS, LLC

Plaintiff,

- against

- Third Third

- Party

Index No. 595642/2021 

## FILED: NEW YORK COUNTY CLERK 02/27/2024 02:31 PM INDEX NO. 161081/2018

NYSCEF DOC. NO. 723 RECEIVED NYSCEF: 02/27/2024

1 of 4 

## [* 1]161081/2018 VELENTZAS, FOTIOS vs. 685 FIRST REALTY COMPANY LLC

Motion No. 017 Page 2 of 4 The following e

- filed documents, l isted by NYSCEF document number (Motion 017) 573, 574, 575, 576,

577, 578, 579, 580, 581, 582, 583, 584, 621, 623, 630, 631, 632, 633, 634, 652, 653, 654, 655, 659, 660,

661, 662, 663, 664, 665, 666, 667, 668, 669

were read on this motion to/for JUDGMENT

- SUMMARY

.



### Upon the foregoing documents, it is

ORDERDED that the portion of second t hird

- p arty defendant Site Safety, LLC ’s (“Site

Safety”) motion for summary judgment on the contractual indemnity, common

- law indemnity,

and contribution, claims made against it by defendants/ second third

- party plaintiffs 685 First

Realty Company LLC, Solow Realty & Development Company LLC, and Second Ave. Solow

Development Corp. (collectively “Developers”) and cross

- claims made against it by third

- party

defendants Liberty Mechanical Contractors’ LLC, and Par Plumbing Co. is granted since “in its

limited role as a safety consultant for the construction project, t he company could not be held

liable” ( Cappabianca v Skanska USA Bldg. Inc. , 99 AD3d 139, 148 [1st Dept 2012] [A

“[C] ontractual obligation to ensure compliance with safety regulations at a work site does not

constitute a sufficient basis for liability under the Labor Law or a theory of negligence ”]; and it

is further Defendant.

-------------------------------------------------------------------------------- X

SOLOW REALTY & DEVELOPMENT COMPANY LLC,

SECO ND AVE. SOLOW DEVELOPMENT CORP.

Plaintiff s

,

- against

R & J CARPENTRY INC.

Defendant.

-------------------------------------------------------------------------------- X Fourth Third

- Party

Index No. 595642/2021 

## FILED: NEW YORK COUNTY CLERK 02/27/2024 02:31 PM INDEX NO. 161081/2018

NYSCEF DOC. NO. 723 RECEIVED NYSCEF: 02/27/2024

2 of 4 

## [* 2]161081/2018 VELENTZAS, FOTIOS vs. 685 FIRST REALTY COMPANY LLC

Motion No. 017 Page 3 of 4 

### ORDERED that the portion of Site Safety’s motion for summary judgment on

Developer’s breach of contract claim as against it is granted for Developers’ “failure to identify

which, if any, contr actual provisions were breached” ( Manipal Educ. Americas, LLC v Taufiq

,

203 AD3d 662 [1st Dept 2022]); and it is further

ORDERED that the portion of Site Safety’s motion for summary judgment on

Developer s’ failure to procure insurance claim is granted as the contract between Site Safety and

Developers only required Site Safety to maintain insurance for itself which it did ( see DiBuono v

Abbey, LLC

. 83 AD3d 650 [2d Dept 2011] ); and it is further

ORDERED that Developer’s cross motion for summary judgment is denied in its

entirety ; and it is further

ORDERED that the motion of Site Saftey to dismiss the complaint herein is granted and

the complaint is dismissed in its entirety as against Site Safety , with costs and disbursements to

Site Safety as taxed by the Clerk of the Court, and the Clerk is directed to enter judgment

accordingly in favor of said defendant; and it is further

ORDERED that the action is severed and continued against the remaining defendants; and

it is further

ORDERED that the caption be ame nded to reflect the dismissal and that all future papers

filed with the court bear the amended caption; and it is further

ORDERED that counsel for the moving party shall serve a copy of this order with notice

of entry upon the Clerk of the Court and the C lerk of the General Clerk’s Office, who are directed

to mark the court’s records to reflect the change in the caption herein; and it is further

ORDERED that such service upon the Clerk of the Court and the Clerk of the General

Clerk’s Office shall be made in accordance with the procedures set forth in the Protocol on 

## FILED: NEW YORK COUNTY CLERK 02/27/2024 02:31 PM INDEX NO. 161081/2018

NYSCEF DOC. NO. 723 RECEIVED NYSCEF: 02/27/2024

3 of 4 

## [* 3]161081/2018 VELENTZAS, FOTIOS vs. 685 FIRST REALTY COMPANY LLC

Motion No. 017 Page 4 of 4 

### Courthouse and County Clerk Procedures for Electronically Filed Cases (accessi ble at the “E

Filing” page on the court’s website ) ].

2/27/2024

DATE PAUL A. GOETZ, J.S.C.

CHECK ONE: CASE DISPOSED X NON

- FINAL DISPOSITION

GRANTED DENIED X GRANTED IN PART OTHER

APPLICATION: SETTLE ORDER SUBMIT ORDER

CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE 

## FILED: NEW YORK COUNTY CLERK 02/27/2024 02:31 PM INDEX NO. 161081/2018

NYSCEF DOC. NO. 723 RECEIVED NYSCEF: 02/27/2024

4 of 4 

## [* 4]