Burke v. Village of Malone

Mikoll, J. P.

Appeal from that part of an order of the Supreme Court (Ryan, Jr., J.), entered January 27, 1997 in Franklin County, which granted defendant Kay Glasgow’s motion for summary judgment dismissing the complaint against her.

Defendant Kay Glasgow owned a building located at the corner of East Main Street and Mill Street in the Village of Malone, Franklin County. She leased the building’s storefront on a month-to-month basis to defendant Joseph Calipari, who operated a retail music store therein. On April 4, 1994, shortly after 8:30 a.m., Calipari hosed down the sidewalks on East Main…