Legal Opinion
Panico v. Jiffy Lube International, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided July 12, 2011PublishedCited by 5 opinions
1Opinion of the Court
The defendants Real Estate Oil Change Limited Partnership, and Real Estate Oil Change, LLC (hereinafter together the defendants), established their prima facie entitlement to judgment as a matter of law by establishing that they were out-of-possession landlords who did not retain control over the premises and were not contractually obligated to maintain or repair the premises (see McElroy v Bernstein, 72 AD3d 757, 758 [2010]; Kane v Port Auth. of N.Y.& N.J., 49 AD3d 503, 503-504 [2008]; Shrenkel v New York State Dormitory Auth., 266 AD2d 369 [1999]). The defendants further established, prima…
2Cases cited4 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Kane v. Port Authority of New York & New JerseyAppellate Division of the Supreme Court of the State of New York · 2008
- Shrenkel v. New York State Dormitory AuthorityAppellate Division of the Supreme Court of the State of New York · 1999
- McElroy v. BernsteinAppellate Division of the Supreme Court of the State of New York · 2010
3Cited by5 opinions
- Alnashmi v. Certified Analytical Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Chapman v. MCS Realty, LLCAppellate Division of the Supreme Court of the State of New York · 2012
- Khanimov v. McDonald's Corp.Appellate Division of the Supreme Court of the State of New York · 2014
- Moltisanti v. Virgin Entertainment Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
- Osorio v. Kenart Realty, Inc.Appellate Terms of the Supreme Court of New York · 2013