Ford v. Weishaus

I must respectfully dissent. In my opinion, the defendant’s affidavit in support of the motion for summary judgment is consistent with her prior deposition testimony. Contrary to the motion court’s determination, there simply was no triable issue of fact as to whether there is a new lease with new terms that obligated the defendant to maintain the building where the plaintiff was injured. Accordingly, I believe the defendant established that she is an out-of-possession landlord entitled to summary judgment as a matter of law.

The plaintiff injured his knee, hip and back on or about June 21,…