Fernandez v. Staples, Inc.

—In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Queens County (Milano, J.), dated June 12, 1998, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiff Menoscar Fernandez (hereinafter Fernandez) was assaulted in a parking lot outside the defendant’s store after purchasing merchandise in the store. The record indicates that the defendant did not own or control the parking lot in…