Zektser v. Better Homes Depot, Inc.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Dowd, J.), dated November 16, 2001, which granted the separate motions of the defendants, Marc Oringer and Better Homes Depot, Inc., for summary judgment dismissing the complaint insofar as asserted against them.

Ordered that the order is affirmed, with costs to the defendant Marc Oringer.

To impose liability upon a property owner for injuries caused by a defective condition, a plaintiff must establish that the owner created the condition or had actual or…