Legal Opinion

Harris v. Wilmorite Corp.

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

Decided November 12, 1999PublishedCited by 7 opinions

1Opinion of the Court

—Order unanimously affirmed without costs. Memorandum: Plaintiff commenced this action to recover damages for injuries she sustained when she slipped and fell in the parking lot of defendant Fayetteville Mall. She alleges that “defendants were the owner, lessee, manager and/or operator in control and possession of the Fayetteville Mall” at the time of her accident. Defendants moved for summary judgment dismissing the complaint on the ground that they have never owned, leased, managed or operated the mall and are thus not proper parties to the action.

Supreme Court properly granted the motion.…

2Cases cited4 opinions

  1. McIvor v. Di BenedettoAppellate Division of the Supreme Court of the State of New York · 1986
  2. Contento v. Cortland Memorial HospitalAppellate Division of the Supreme Court of the State of New York · 1997
  3. Kurz v. NicoloAppellate Division of the Supreme Court of the State of New York · 1986
  4. Parkway Woods, Inc. v. Petco Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 1994

3Cited by7 opinions

  1. Statistical Phone Philly v. Nynex Corp.District Court, S.D. New York · 2000
  2. Myers Industries, Inc. v. Schoeller Arca Systems, Inc.District Court, S.D. New York · 2016
  3. Pfohl Brothers Landfill Site Steering Committee v. Allied Waste Sys., Inc.District Court, W.D. New York · 2003
  4. In Re FischerDistrict Court, E.D. New York · 2004
  5. Guedj v. DanaAppellate Division of the Supreme Court of the State of New York · 2004

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