Turner v. Federated Department Stores, Inc.

Full title: CHARLES W. TURNER et al., Appellants, v. FEDERATED DEPARTMENT STORES…

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

Date published: Apr 27, 1992

182 A.D.2d 815 (N.Y. App. Div. 1992)

582 N.Y.S.2d 507

Opinion

April 27, 1992

Appeal from the Supreme Court, Kings County (Garry, J.).

Ordered that the order is affirmed, with costs.

The plaintiff, a New York City police officer, responded to a burglary call at an Abraham Strauss store (hereinafter AS) located in Queens County where he allegedly sustained personal injuries when he fell through an acoustical tile ceiling. The AS store is part of a shopping complex which also houses an Orbach store, a common mall area, and a parking garage.

The plaintiff contends that the defendant Orbach, Inc. retained sufficient control of the premises to be held liable for his injuries. Under the facts of this case, we find no basis for imposing liability on Orbach, Inc., which did not occupy, own, or control the property where the accident occurred (Balsam v Delma Eng'g Corp., 139 A.D.2d 292). Consequently, the court correctly granted summary judgment dismissing the complaint as against Orbach, Inc. Eiber, J.P., O'Brien, Copertino and Pizzuto, JJ., concur.