Bennett v. Weber Job Lot Corp.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Vaughan, J.), dated February 23, 2011, which granted the motion of the defendant $2.00 Only Stores, Inc., for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is affirmed, with costs.

As a general rule, liability for a dangerous condition on real property must be predicated upon ownership, occupancy, control, or special use of that property (see Ellers v Horwitz Family Ltd. Partnership, 36 AD3d 849 [2007]; Morrison v…