Wiesen v. Moppa

In an action to recover damages for *313personal injuries, the defendant Baruch Moppa appeals, as limited by his brief, from so much an order of the Supreme Court, Nassau County (Roncallo, J.), entered September 19, 1991, as upon reargument, adhered to its original determination denying his motion for summary judgment dismissing the complaint and all cross claims insofar as they are asserted against him.

Ordered that the order is affirmed insofar as appealed from, with costs payable to the plaintiff.

When an owner out of possession reserves a right under the terms of a lease to enter upon the…