McKenzie v. Columbus Centre

Order, Supreme Court, New York County (Leland DeGrasse, J.), entered June 17, 2005, which granted the motion by defendants Columbus Centre, HRH Construction and Safeway Environmental for summary judgment dismissing the complaint as against them, and denied the cross motion for similar relief by defendant Atlantic-Heydt, unanimously modified, on the law, summary judgment also denied as to Columbus Centre, and otherwise affirmed, without costs.

Under the special use doctrine, Columbus Centre, as owner of the premises being demolished, owed a duty to plaintiff, a pedestrian who fell in a roadway…