Legal Opinion

Pirillo v. Long Island Rail Road

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

Decided October 24, 1994PublishedCited by 9 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the plaintiff appeals from an *819order of the Supreme Court, Kings County (Irving Aronin, J.), dated June 25, 1993, which granted the motion of the defendant Long Island Rail Road for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

It is well settled that an out-of-possession lessor is not liable for injuries that occur on the premises unless the lessor has retained control, or is contractually obligated to repair unsafe conditions (see, LaFleur v Power Test Realty Co. Ltd. Partnership, 159 AD2d 691;…

2Cases cited2 opinions

  1. Aprea v. Carol Management Corp.Appellate Division of the Supreme Court of the State of New York · 1993
  2. Lafleur v. Power Test Realty Co.Appellate Division of the Supreme Court of the State of New York · 1990

3Cited by9 opinions

  1. Carvano v. MorganAppellate Division of the Supreme Court of the State of New York · 2000
  2. Gavallas v. Health Insurance PlanAppellate Division of the Supreme Court of the State of New York · 2006
  3. Gilbert v. 4905 Avenue D Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
  4. Maldonado v. MateraAppellate Division of the Supreme Court of the State of New York · 1997
  5. Reidy v. Burger King Corp.Appellate Division of the Supreme Court of the State of New York · 1998

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