Supreme Court, Appellate Division First Department
SUPREME COURT, APPELLATE DIVISION FIRST DEPARTMENT JUNE 27, 2013 THE COURT ANNOUNCES THE FOLLOWING DECISIONS: Gonzalez, P.J., Mazzarelli, Moskowitz, Renwick, Manzanet-Daniels, JJ. 9862 Raymond Alberto Carreras, et al., Index 17848/05 Plaintiffs-Respondents, -against- Morrisania Towers Housing Company Limited Partnership, et al., Defendants-Appellants-Respondents, McRoberts Protective Agency, Inc., Defendant-Respondent-Appellant, Sonia Meekins, et al., Defendants. _________________________ Wilson Elser Moskowitz Edelman & Dicker LLP, New York (Judy C. Selmeci of counsel), for appellants-respondents. Gallo, Vitucci & Klar, LLP, New York (Chad E. Sjoquist of counsel), for respondent-appellant. Steven J. Horowitz, New York, for respondents. _________________________ Order, Supreme Court, Bronx County (Wilma Guzman, J.), entered on or about August 23, 2012, which, to the extent appealed from as limited by the briefs, denied the motion of defendants Morrisania Towers Housing Company Limited Partnership and NHPMN Management, LLC, for summary judgment dismissing the complaint as against them, and denied defendant McRoberts Protective Agency, Inc.’s motion for summary judgment dismissing the cross claims against it, unanimously reversed, on the law, without costs, and the motions granted. The Clerk is directed to enter judgment accordingly. Defendant Morrisania Towers Housing Company Limited Partnership owns the residential apartment building located at 280/300 East 161st Street in the Bronx, and defendant NHPMN Management, LLC manages the building. Defendant McRoberts Protective Agency, Inc. provides security services for the premises pursuant to an agreement with Morrisania and NHPMN. Plaintiffs, Raymond Carreras and Yolanda Lopez, Carreras’s mother, reside in the building. Although several witnesses described the fight that led to the shooting of Carreras, we will assume for purposes of this motion that Carreras’s own version, as related during his deposition, is true.
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