Clark v. Kaplan

Order, Supreme Court, New York County (Sherry Klein Heitler, J.), entered on or about February 5, 2007, which, to the extent appealed from as limited by the briefs, denied the motion of defendant Island Properties Real Estate & Management Corp. for summary judgment dismissing the complaint as against it, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment in favor of said defendant dismissing the complaint as against it.

Defendant, the managing agent of real property on which plaintiff sustained personal injuries diving into a…