Legal Opinion
Cusatis v. Gooch
Appellate Division of the Supreme Court of the State of New York
Decided June 9, 1995PublishedCited by 3 opinions
1Opinion of the Court
Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied the motion of defendant James L. Gooch for summary judgment. Although an out-of-possession landowner who relinquishes control of the premises is not liable for personal injuries caused by any unsafe condition existing on the premises once the possession and control of the property have been transferred (see, June v Zikakis Chevrolet, 199 AD2d 907; Stewart v Yeshiva Nachlas Haleviym, 186 AD2d 731), there is a question of fact regarding Gooch’s control of the property and the dog that lunged at plaintiff. Gooch…
2Cases cited6 opinions
- Strunk v. ZoltanskiNew York Court of Appeals · 1984
- Stewart v. HaleviymAppellate Division of the Supreme Court of the State of New York · 1992
- Cronin v. ChrosniakAppellate Division of the Supreme Court of the State of New York · 1988
- June v. Bill Zikakis Chevrolet, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
- Plue v. LentAppellate Division of the Supreme Court of the State of New York · 1989
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3Cited by3 opinions
- LePore v. DiCarloAppellate Division of the Supreme Court of the State of New York · 2000
- Hannold v. First Baptist ChurchAppellate Division of the Supreme Court of the State of New York · 1998
- Southern v. ValentineAppellate Division of the Supreme Court of the State of New York · 1999