101 A.D.2d 852 | N.Y. App. Div. | 1984
In an action to recover damages for personal injuries, etc., the appeal is from an order of the Supreme Court, Richmond County (Rubin, J.), entered September 29, 1982, which denied appellant’s motion for summary judgment dismissing the complaint as against it. H Order reversed, on the law, with costs, motion granted, and complaint dismissed as against appellant. H The complaint alleges that on August 19, 1980, the infant plaintiff sustained injury to her hand when she slipped and fell while exiting the dining room at the Hotel Excelsior in Venice, Italy, during her stay there as a guest. Plaintiffs seek to hold appellant vicariously liable for the infant plaintiff’s injury based on their allegation that appellant owned, operated, managed and/or controlled the subject hotel. After issue was joined, appellant moved for summary judgment dismissing the complaint as against it on the ground that plaintiffs had sued the wrong party. Hit is not disputed that in 1973, appellant was incorporated in New York under the name “Ciga Hotels, Inc.” and, in 1979, an amendment to the certificate of incorporation was filed changing its name to “Landia International Services, Inc.” According to appellant’s comptroller, appellant’s principal business is to provide sales and promotional services to the hotel industry.