Strunk v. Zoltanski

Rubin, J.,

dissents and votes to reverse the order insofar as appealed from, on the law, and to grant summary judgment to appellant, with the following memorandum. The majority decision results in a major and unwarranted extension of landlord tort liability in New York to which I cannot subscribe. At common law it is the general rule that the owner of land ceases to be liable in negligence for its condition or use when the land passes out of his possession and control before injury results (Pharm v Lituchy, 283 NY 130,132; Cullings v Goetz, 256 NY 287; Kilmer v White, 254 NY 64). In the…