Legal Opinion

Discini v. Richgold Associates, L.P.

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

Decided May 8, 2000PublishedCited by 3 opinions

1Opinion of the Court

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Rockland County (Weiner, J.), dated February 23, 1999, which granted the defendants’ respective motions for summary judgment dismissing the complaint and all cross claims insofar as asserted against them.

Ordered that the order is affirmed, with one bill of costs.

*367An out-of-possession landlord is not liable for injuries that occur on the leased premises unless it has retained control or is contractually obligated to repair or maintain the leased premises (see, Welwood v…

2Cases cited4 opinions

  1. Turrisi v. Ponderosa, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
  2. Welwood v. Ass'n for Children With Down Syndrome, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
  3. Canela v. Foodway SupermarketAppellate Division of the Supreme Court of the State of New York · 1992
  4. Rosato v. FoodtownAppellate Division of the Supreme Court of the State of New York · 1994

3Cited by3 opinions

  1. Langer v. Doris OrensteinAppellate Division of the Supreme Court of the State of New York · 2002
  2. Servo v. Bank of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
  3. Servo v. Bank of New YorkAppellate Division of the Supreme Court of the State of New York · 2012

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