Gonzalez v. 40 West Burnside Avenue LLC

Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered August 11, 2011, as amended by order entered May 16, 2012, which granted defendants-respondents’ (collectively, the owners) motion to dismiss the complaint as against them and denied plaintiff’s cross motion for leave to depose nonparty James Reilly, unanimously reversed, on the law, without costs, the motion denied, the cross motion granted, and the matter remanded for further proceedings in accordance with this decision.

In August 2008, plaintiff Rachel Gonzalez, a 22-year-old recent high school graduate, broke her clavicle and…