Figueroa v. Tso
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtYesawich Jr., J.
Appeal from an order of the Supreme Court (Kane, J.), entered October 9, 1997 in Sullivan County, which granted defendant Fred Borzumato’s motion for summary judgment dismissing the complaint and all cross claims against him.
As aptly observed by Supreme Court in its decision granting defendant Fred Borzumato’s motion, the record furnishes no basis for concluding that Borzumato — the owner of a video store operated on premises leased from defendant Joseph Tso— owned, possessed, controlled or put to a special use the sidewalk where plaintiff Hillary Figueroa slipped and fell, such that…
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