Ballo v. AIMCO 2252-2258 ACP, LLC

Order, Supreme Court, New York County (Cynthia S. Kern, J), entered May 31, 2016, which granted the motion of defendant AIMCO 2252-2258 ACP, LLC (AIMCO) for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

Dismissal of the complaint as against AIMCO was proper in this action for personal injuries sustained by plaintiff when, while standing on the sidewalk outside a bar owned and operated by codefendant P.J. Cocktail Lounge & Restaurant, Inc. (PJ’s), he was shot in the foot. The record demonstrates that AIMCO owned the commercial space and had leased…