Martinez v. 3801 Equity Co., LLC

Order, Supreme Court, New York County (Carol R. Edmead, J.), entered on or about November 19, 2015, which granted the motion of defendant landlord 3801 Equity Company, LLC (defendant) for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

Plaintiff alleges that he was injured when he stepped into a hole located in his employer’s backyard while taking out the garbage for the night. The hole had been dug in connection with ongoing construction by plaintiff’s employer, the Negro Claro Lounge, to convert its backyard into additional restaurant space.…