Lupo v. Montauk Properties, LLC

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Lifson, J.), dated May 5, 2004, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

The plaintiff allegedly slipped and fell on ice on a sidewalk adjacent to premises leased to her employer within a shopping center owned by the defendant. “[A]n out-of-possession owner or lessor is not liable for injuries that occur on the…