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Tindel v Engel 2009 NY Slip Op 33024(U) December 21, 2009 Supreme Court, New York County Docket Number: 100913/06 Judge: Michael D. Stallman Republished from New York State Unified Court System's E-Courts Service. Search E-Courts (http://www.nycourts.gov/ecourts) for any additional information on this case. This opinion is uncorrected and not selected for official publication.

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NNED ON 1213012009

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SUPREME COURT OF THE STATE OF NEW YQRK PRESENT: Hon. ,MICHAEL D. STALLMAN ll1stice
Index Number : 100913/2006
II

- NEW YORK COUNTY
PART 7

INDEX NO.

100913/06

TINDEL, MARTIN
VS .

ENGEL, IVY
SEQUENCE NUMBER 1002 SUMMARY JUDGMENT

MOTION DATE MOTION SEQ.NO. MOTION CAL. NO.

9110109
002
113

W S
Notice of Motlon- Afflrmation Affirmatlon In Opposition Notice of Motlon- Affirmation - Exhlblts A-P Afflrmatlon in Oppositlon - Exhibits A-B; Reply Afflrmation in Response to Opposition; Reply Affirmation In RespOnse to Opposition; Afflrmation in Opposition to Cross Motlon Exhlbit A; Affirmatlon in Opposltlon to Cross Motlon Reply Afflrmatlon; Reply Affirmation Reply Affirmation

PAPEPS NUMBERED

- Exhlblts A-M

1-2
3
4-5

6, 7.8,8, 10

- Exhlblt A;

11.12,13

Cross-Motion: XYes

u No
A

Upon the foregoing papers, it is ordered that thls motion and cross motlon are declded in accordance with the annexed memorandum decislon and order.

Check one: 0 FINAL DISPOSITION X NON-FINAL DISPOSITION Check if appropriate: 0 DO NOT POST 0 REFERENCE

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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW Y O R K : IAS PART 7
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X

MARTIN TINDEL, Plaintiff, -againstDecision and Order

Index No.

10,0913/06

IVY ENGEL, THE HUNT CLUB HOMEOWNERS` ASSOCIATION, INC., TOTAL COMMUNITY MANAGEMENT, I N C . and XANADU LAND DEVELOPMENT CORP.,
Defendants.
_ _ _ _ _ _ - _ _ _ _ _ _ _ _ _ _ _ _ _ _ I _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - _ _ - _

____________- X

THE HUNT CLUB HOMEOWNERS' ASSOCIATION I N C . AND TOTAL COMMUNITY MANAGEMENT, I N C . ,

Third-party Plaintiffs, -againstXANADU LAND DEVELOPMENT CORP., Third-party Defendant.
. . . . . . . . . . . . . . . . . . . . . . . . . .
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Third P a r t y Index No. 491198/06

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X

HON. MIC-L

D. STALLMAN, J.:

This personal injury action and related third-party claim arises o u t of plaintiff Martin Tindel's alleged trip and f a l l as a result of a snowy/icy condition on a driveway on property owned by Ivy Engel (Engel). Motions with sequence numbers 002 and 003 are hereby consolidated f o r disposition. In motion s.equence 002, defendant and third-party defendant

Xanadu Land Development Corporation

(Xanadu) moves, pursuant to

CPLR 3212, for an order granting summary judgment and dismissing

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any and all claims and cross claims as against it. moves,
,

Engel crosssummary

pursuant

to

CPLR

3212,

for an order

granting

judgment and dismissing plaintiff's claims as against her.

claim, as well as any cross

In motion sequence 003 (third-party action), defendant and third-party plaintiffs The Hunt Club Homeowners' Association, Inc. and Total Community Management, Inc. (Hunt Club) move, pursuant to CPLR
3212, for an order

granting

summary

judgment dismissing

plaintiff's

complaint

and dismissing any and all cross claims

against them, and also awarding Hunt Club summary judgment on its claims for common-law indemnification against Xanadu.
EWCKGROUND AND FACTUAL ALLEGATIONS

Plaintiff alleges that, at approximately 7: 10 A.M. on February
21, 2003, he sustained personal injuries when he slipped and fell
on a patch of black ice on a driveway.

The driveway was attached

to a condominium/townhouse owned by plaintiff's then fiance, Engel, who was residing at 89 Hunt Drive in Jericho, New York. This

townhouse is part of a residential community, called The Hunt Club, which is comprised of 94 units, a pool, a clubhouse, tennis c o u r t s and a security booth. Rogers Affirmation,

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