Full text
Java v. 25 Park LLC
Java v 25 Park LLC 2025 NY Slip Op 32160(U) June 17, 2025 Supreme Court, New York County Docket Number: Index No. 153961/2022 Judge: Mary V. Rosado 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.
FILED: NEW YORK COUNTY CLERK 06/18/2025 04:30 PM INDEX NO. 153961/2022 NYSCEF DOC. NO. 225 RECEIVED NYSCEF: 06/18/2025
SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY
PRESENT: HON. MARY V. ROSADO PART 33M Justice ------------------X INDEX NO. 153961/2022 JEFFERSON BUSTAMANTE JAVA, MOTION DATE 08/02/2024 Plaintiff, MOTION SEQ. NO. 002 -v- 25 PARK LLC,25 PARK CORP., WILLIAMS EQUITIES LLC,COLLIERS INTERNATIONAL NY LLC,COLLIERS TRI- STATE MANAGEMENT LLC,NEUEHOUSE LLC,NEUEHOUSE MADISON SQUARE LLC,NEUEHOUSE DECISION + ORDER ON NEW YORK HQ LLC,NEUEHOUSE MANAGEMENT MOTION LLC,FOTOGRAFISKA NEUEHOUSE, INC.,CULTUREWORKS, INC.,KAWNEER COMPANY, INC.,KILROY ARCHITECTURAL WINDOWS, INC.,
Defendant.
------------------X 25 PARK LLC, 25 PARK CORP., WILLIAMS EQUITIES LLC, Third-Party COLLIERS INTERNATIONAL NY LLC, COLLIERS TRI-STATE Index No. 595014/2023 MANAGEMENT LLC
Plaintiff,
-against-
CONTINENTAL WINDOW CLEANING INC.
Defendant. ------------------X 25 PARK LLC, 25 PARK CORP., COLLIERS INTERNATIONAL Second Third-Party NY LLC, COLLIERS TRI-STATE MANAGEMENT LLC Index No. 595457/2023
Plaintiff,
-against-
KAWNEER COMPANY, INC., KILROY ARCHITECTURAL WINDOWS, INC.
Defendant. ------------------X 25 PARK LLC, 25 PARK CORP., WILLIAMS EQUITIES LLC, Third Third-Party COLLIERS INTERNATIONAL NY LLC, COLLIERS TRI-STATE Index No. 595634/2023
153981/2022 BUSTAMANTE JAVA, JEFFERSON vs. 25 PARK LLC ET AL Page 1 of4 Motion No. 002
[* 1] 1 of 4
FILED: NEW YORK COUNTY CLERK 06/18/2025 04:30 PM INDEX NO. 153961/2022 NYSCEF DOC. NO. 225 RECEIVED NYSCEF: 06/18/2025
MANAGEMENT LLC
Plaintiff,
-against-
KILROY ARCHITECTURAL WINDOWS
Defendant. -------------------X The following e-filed documents, listed by NYSCEF document number (Motion 002) 102, 103, 104, 105, 106,107,108,109,110,111,112,113,114,115,116,117,144,146,147,157,158,197,198,199,200, 201,202,203,204,205,206,220 were read on this motion to/for JUDGMENT-SUMMARY
Upon the foregoing documents, and after a final submission date of April 29, 2025,
Defendants Neuehouse LLC, Neuehouse Madison Square LLC, Neuehouse New York HQ LLC,
Neuehouse Management LLC, Neuehouse, Inc., Fotografiska Neuehouse, Inc., and Cultureworks,
Inc. (collectively "Neuehouse") motion for summary judgment dismissing Plaintiff Jefferson
Bustamante Jaya's ("Plaintiff'') Complaint and all cross-claims asserted against them is granted.
I. Background
Non-party Metropolitan Window Washing ("Metropolitan") employed Plaintiff as a
window washer. On April 13, 2022, Plaintiff was washing a window on the 11 th floor of the
building located at 104 East 25th Street, New York, New York (the "Building") when the top sash
of the window fell and severed Plaintiff's finger. Metropolitan was a subcontractor of third-party
defendant Continental Window Cleaning, Inc. ("Continental"). Continental was in turn contracted
by the owner of the Building, Defendant 25 Park LLC (NYSCEF Doc. 203). Neuehouse was a
tenant on the 11 th floor of the Building where Plaintiff was injured.
Neuehouse now seeks summary judgment dismissing Plaintiff's Complaint and all cross
claims asserted against it. Plaintiff does not oppose (NYSCEF Doc. 146) and therefore the motion
for summary judgment dismissing Plaintiffs Complaint as alleged against Neuehouse is granted.
153961/2022 BUSTAMANTE JAVA, JEFFERSON vs. 25 PARK LLC ET AL Page 2 of4 Motion No. 002
[* 2] 2 of 4
FILED: NEW YORK COUNTY CLERK 06/18/2025 04:30 PM INDEX NO. 153961/2022 NYSCEF DOC. NO. 225 RECEIVED NYSCEF: 06/18/2025
The only parties to oppose are 25 Park LLC, 25 Park Corp., Williams Equities LLC, Colliers
International NY LLC, and Colliers Tri-State Management LLC (collectively "Owner
Defendants"). These parties asserted cross-claims for contribution and contractual indemnification
against Neuehouse.
II. Discussion
"Summary judgment is a drastic remedy, to be granted only where the moving party has
tendered sufficient evidence to demonstrate the absence of any material issues of fact." (Vega v
Restani Const. Corp., 18 NY3d 499,503 [2012]). The moving party's "burden is a heavy one and
on a motion for summary judgment, facts must be viewed in the light most favorable to the non-
moving party." (Jacobsen v New York City Health and Hosps. Corp., 22 NY3d 824, 833 [2014]).
Once this showing is made, the burden shifts to the party opposing the motion to produce
evidentiary proof, in admissible form, sufficient to establish the existence of material issues of fact
which require a trial (See e.g., Zuckerman v City ofNew York, 49 NY2d 557, 562 [1980]).
Neuehouse's motion is granted. The deposition testimony and lease provisions make clear
that Neuehouse had no responsibility for maintaining or cleaning the windows in the Premises (see
NYSCEF Doc. 201 at 18, 53-54; see also NYSCEF Doc. 205). In fact, the Lease explicitly states
that "Landlord shall maintain in working order and repair .... existing skylights and exterior
windows" (NYSCEF Doc. 205 at 1 87). There has been no evidence proffered that Neuehouse had
a duty to maintain the windows or that it was in anyway negligent with respect to the window that
caused Plaintiff's accident. The mere speculation that a Neuehouse employee could have the
allegedly defective condition by simply opening or closing a window is insufficient to defeat
summary judgment (see generally Schloss v Steinberg, 100 AD3d 4 76 [1st Dept 2012] [speculation
and conjecture are insufficient to defeat summary judgment]). Thus, the undisputed evidence
153961/2022 BUSTAMANTE JAVA, JEFFERSON vs. 25 PARK LLC ET AL Page 3 of4 Motion No. 002
[* 3] 3 of 4
FILED: NEW YORK COUNTY CLERK 06/18/2025 04:30 PM INDEX NO. 153961/2022 NYSCEF DOC. NO. 225 RECEIVED NYSCEF: 06/18/2025
having shown that Neuehouse was not responsible for inspecting, maintaining, or repairing the
window which caused Plaintiff's injury, and there being no evidence that Neuehouse's negligence
was responsible for creating the allegedly defective window, Neuehouse's motion dismissing all
claims and cross-claims asserted against it is granted.
Accordingly, it is hereby,
ORDERED that Defendants Neuehouse LLC, Neuehouse Madison Square LLC,
Neuehouse New York HQ LLC, Neuehouse Management LLC, Neuehouse, Inc., Fotografiska
Neuehouse, Inc., and Cultureworks, Inc. motion for summary judgment dismissing all claims and
crossclaims asserted against it is granted in its entirety, and Plaintiff's claims and all cross-claims
asserted against Defendants Neuehouse LLC, Neuehouse Madison Square LLC, Neuehouse New
York HQ LLC, Neuehouse Management LLC, Neuehouse, Inc., Fotografiska Neuehouse, Inc.,
and Cultureworks, Inc. are hereby dismissed; and it is further
ORDERED that within ten days of entry, counsel for Defendants Neuehouse LLC,
Neuehouse Madison Square LLC, Neuehouse New York HQ LLC, Neuehouse Management LLC,
Neuehouse, Inc., Fotografiska Neuehouse, Inc., and Cultureworks, Inc. shall serve a copy ofthis
Decision and Order, with notice of entry, on all parties via NYSCEF.
This constitutes the Decision and Order of the Court.
N. MARY V. ROSADO, J.S.C.
CHECK ONE: CASE DISPOSED x NON-FINAL DISPOSITION
x GRANTED □ DENIED GRANTED IN PART □ OTHER APPLICATION: SETTLE ORDER SUBMIT ORDER
CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT □ REFERENCE
153961/2022 BUSTAMANTE JAVA, JEFFERSON vs. 25 PARK LLC ET AL Page4 of4 Motion No. 002
[* 4] 4 of 4