From Casetext: Smarter Legal Research

Fuentes v. Ardenwood Enters

Appellate Division of the Supreme Court of New York, Second Department
Jun 29, 2010
74 A.D.3d 1279 (N.Y. App. Div. 2010)

Opinion

No. 2009-10509.

June 29, 2010.

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Suffolk County (Pastoressa, J.), dated September 30, 2009, which denied their motion for summary judgment dismissing the complaint.

McAndrew, Conboy Prisco, LLP, Woodbury, N.Y. (Mary C. Azzaretto of counsel), for appellants.

Dell, Little, Trovato Vecere, LLP, Bohemia, N.Y. (Keri A. Wehrheim of counsel), for respondent.

Before: Covello, J.P., Angiolillo, Leventhal and Sgroi, JJ.


Ordered that the order is affirmed, with costs.

"`An out-of-possession landlord is not liable for injuries that occur on its premises unless it retains control over the premises or is contractually bound to repair unsafe conditions'" ( Lalicata v 39-15 Skillman Realty Co., LLC, 63 AD3d 889, 890, quoting Taylor v Lastres, 45 AD3d 835, 835). Here, the Supreme Court properly denied the defendants' motion for summary judgment dismissing the complaint, since they failed to submit evidence sufficient to establish, prima facie, that they had no contractual duty to repair the alleged defective condition and that, in any event, they had no notice of the alleged defective condition ( see Lalicata v 39-15 Skillman Realty Co., LLC, 63 AD3d 889; Rosas v 397 Broadway Corp., 19 AD3d 574; Winby v Kustas, 7 AD3d 615; Sutherland v Whylie, 292 AD2d 518).


Summaries of

Fuentes v. Ardenwood Enters

Appellate Division of the Supreme Court of New York, Second Department
Jun 29, 2010
74 A.D.3d 1279 (N.Y. App. Div. 2010)
Case details for

Fuentes v. Ardenwood Enters

Case Details

Full title:BEATRIZ FUENTES, Respondent, v. ARDENWOOD ENTERPRISES et al., Appellants

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

Date published: Jun 29, 2010

Citations

74 A.D.3d 1279 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 5727
903 N.Y.S.2d 237

Citing Cases

Schwartz v. CVS

Furthermore, whether a dangerous condition exists on real property so as to create liability on the part of…

Miske v. Selvaggi

d by contract or by course of conduct to remove snow and ice from the subject property (seeFuzaylova v. 63–28…