Butler v. Rafferty

.Peters, J.

(dissenting). We respectfully dissent. Despite the “functional equivalent” of two separate and independent residences within these premises and the undisputed private agreement between defendant Maureen Rafferty (hereinafter Rafferty) and defendant Brian P. Rafferty (hereinafter defendant) that each would have exclusive possession and control over their own unit, we cannot agree that defendant has presented sufficient facts to establish his status as an out-of-possession landowner, as a matter of law, such that a finding of liability would be precluded due to his lack of occupation…