Legal Opinion

Villarreal v. CJAM Associates, LLC

Appellate Division of the Supreme Court of the State of New York

Decided February 4, 2015No. 2013-09100PublishedCited by 7 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Richmond County (McMahon, J.), dated July 18, 2013, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

An out-of-possession landlord can be held liable for injuries that occur on its premises only if the landlord has retained control over the premises and if the landlord is contractually or statutorily obligated to repair or maintain the premises or has assumed a duty to repair or maintain the premises…

2Cases cited5 opinions

  1. Alnashmi v. Certified Analytical Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
  2. Centeno v. 575 E. 137th St. Real Estate, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
  3. Healy v. BartolomeiAppellate Division of the Supreme Court of the State of New York · 2011
  4. Garcia v. Town of Babylon Industrial Development AgencyAppellate Division of the Supreme Court of the State of New York · 2014
  5. Bouima v. Dacomi, Inc.Appellate Division of the Supreme Court of the State of New York · 2007

3Cited by7 opinions

  1. Poole v. MCPJF, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
  2. Byrd v. Brooklyn 46 Realty, LLCAppellate Division of the Supreme Court of the State of New York · 2015
  3. Mendoza v. Manila Bar & Restaurant Corp.Appellate Division of the Supreme Court of the State of New York · 2016
  4. Singh v. 405 Sixth, LLCAppellate Division of the Supreme Court of the State of New York · 2015
  5. Cummins v. MiddaughAppellate Division of the Supreme Court of the State of New York · 2022

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