Carmelina Giacalone alleged that on July 3, 2006, while traversing through the Shea Stadium parking lot, she tripped and fell “on a broken, uneven, defective cracked and/or depressed portion of the pavement,” sustaining personal injuries. She alleged that Sterling Mets, L.P. and Central Parking Systems of New York were negligent in the ownership, maintenance, operation, supervision and/or control of the parking lot.
Sterling moved to dismiss the plaintiff’s verified complaint on the basis that Sterling did not owe a duty to the plaintiff and therefore, could not have breached a duty, giving rise to liability. In support of its motion to dismiss, Sterling relied on its restated agreement with the City of New York to demonstrate that Sterling had no responsibility for the parking lot outside of the stadium.
The plaintiff asserted that Sterling’s motion was premature due to lack of discovery and that the restated agreement between the City and Sterling contained certain provisions suggesting Sterling’s involvement with the operation of the parking lot. According to the plaintiff, the restated agreement required Sterling to provide attendants as may be necessary for the operation of the stadium parking lot, to properly police the stadium facility and stadium approach area and to clean the parking lot area.
Sterling argued that the plaintiff misinterpreted the restated agreement between it and the City, which does not require it to maintain the H-2 parking lot where the alleged accident occurred. Sterling also disputed the plaintiff’s contention that its motion was premature due to lack of discovery, as there was no discovery needed to demonstrate that Sterling did not owe the plaintiff a duty with regard to the parking lot.
In granting Sterling’s motion, Justice Allan B. Weiss relied upon Sterling’s documentary evidence, mainly the restated agreement, to conclude that Sterling did not lease, occupy, control or assume the obligation to maintain or repair the parking lot. Justice Weiss concluded that Article VII of the restated lease agreement expressly provides that the city has the exclusive right to operate and control the stadium parking area and that the city is responsible for all repairs of the parking area.
The court found no ambiguity with respect to the scope of Sterling’s obligations as to the parking lot under the agreement and as such, concluded that Sterling did not owe a duty of care to the plaintiff. Therefore, because no duty was owed, Sterling could not be held liable for plaintiff’s alleged injuries.
Carmelina Giacalone v. Sterling Mets, L.P. and Central Parking Systems of New York; Supreme Court, New York County; Index Number 17351/09;1/20/10
Attorneys or Record: (for defendant Sterling Mets, L.P.) Carla Varriale, Jarett L. Warner and Hilary R. Levine of Havkins, Rosenfeld, Ritzert & Varriale
