Marsico v. Brennan

OPINION OF THE COURT

George M. Bergerman, J.

Defendants moved at the close of plaintiff’s case to dismiss this action upon the ground that plaintiff failed to establish that defendants owed a duty of care to plaintiff, relying on Zadarosni v F. & W. Restuaranteurs of Southeast (192 AD2d 1051).

Defendants Delia and Kenneth Brennan operate an establishment under the name of Deer Head Inn & Restuarant. The building in which the business is operated, and the *667property upon which the building is situate, are owned by two separate corporations, the principals of which are defendants. No lease for the…