Gross v. Ismael Leyva Architect, P.C.

Order, Supreme Court, New York County (Arlene P. Bluth, J.), entered June 9, 2017, which denied as premature the motion of defendant Ismael Leyva Architect, PC. (ILA) to dismiss the complaint as against it, unanimously affirmed, without costs.

ILA has not established entitlement to dismissal of the negligence claim as against it. The amended agreement indicating that it agreed to perform “Construction Observation (Quality Control) other than those included in Architect’s [Construction Administration] responsibilities during site visits,” raises questions as to whether ILA was responsible for…