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Bolden v. New Mark Co.

Appellate Division of the Supreme Court of New York, Second Department
Mar 6, 2000
270 A.D.2d 221 (N.Y. App. Div. 2000)

Opinion

Argued January 28, 2000

March 6, 2000

In an action to recover damages for personal injuries, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Queens County (Lonschein, J.), dated November 10, 19 98, as granted that branch of the cross motion of the defendant Newmark Company Real Estate, Inc. s/h/a New Mark Co., which was for summary judgment dismissing the complaint insofar as asserted against it.

Sanders, Sanders, Block Woycik, P.C., Mineola, N.Y. (Martin Block, Joseph B. Viener, and Michael F. Villeck of counsel), for appellant.

Geller Hausman, New York, N.Y. (Jay S. Hausman of counsel), for respondent.

Frank A. Scanga, New York, N.Y., for defendant Partners Cleaning Corp.

Klein, DiSomma McGlynn, New York, N.Y. (Martin M. McGlynn of counsel), for defendant third-party defendant Crosstown Interiors Contracting, Inc.

Fiedelman McGaw, Jericho, N.Y. (Susan E. Lysaght and Eugene Guarneri of counsel), for second third-party defendant Times Square District Management Association, Inc.

DANIEL W. JOY, J.P., SONDRA MILLER, WILLIAM D. FRIEDMANN, ANITA R. FLORIO, JJ.


DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs to the respondent payable by the appellant.

The Supreme Court correctly determined that Newmark Company Real Estate Inc. s/h/a New Mark Co. did not exercise control over the premises where the plaintiff was injured. As an out-of-possession landlord which was not contractually obligated to repair or maintain the premises, it was not liable for injuries occurring on the premises (see, Dalzell v. McDonald's Corp., 220 A.D.2d 638 ).

JOY, J.P., S. MILLER, FRIEDMANN, and FLORIO, JJ., concur.


Summaries of

Bolden v. New Mark Co.

Appellate Division of the Supreme Court of New York, Second Department
Mar 6, 2000
270 A.D.2d 221 (N.Y. App. Div. 2000)
Case details for

Bolden v. New Mark Co.

Case Details

Full title:YVETTE BOLDEN, appellant, v. NEW MARK CO., respondent, PARTNERS CLEANING…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 6, 2000

Citations

270 A.D.2d 221 (N.Y. App. Div. 2000)
704 N.Y.S.2d 856

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