Legal Opinion
Dunn v. Reardon
Appellate Division of the Supreme Court of the State of New York
Decided June 5, 1992PublishedCited by 6 opinions
1Opinion of the Court
Order unanimously reversed on the law without costs and motion granted. Memorandum: Supreme Court erred in denying the motion of defendants Eugene and Eleanor Tucker for summary judgment dismissing plaintiffs complaint. Defendants produced evidence in admissible form that demonstrated that the parking lot where plaintiff fell was not part of the premises leased to them and that they were not in control of the parking lot. Consequently, defendants owed no duty to keep the parking lot in good repair (see, Shire v Ferdinando, 161 AD2d 573, lv denied 76 NY2d 713; McGill v Caldors, Inc., 135 AD2d…
2Cases cited3 opinions
- McGill v. Caldors, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
- Shire v. FerdinandoAppellate Division of the Supreme Court of the State of New York · 1990
- Elmlinger v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1987
3Cited by6 opinions
- Gauthier v. Super HairAppellate Division of the Supreme Court of the State of New York · 2003
- Stevens v. Northern Lights AssociatesAppellate Division of the Supreme Court of the State of New York · 1996
- Geloso v. Castle Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- Rosato v. FoodtownAppellate Division of the Supreme Court of the State of New York · 1994
- Galgan v. Allied Staten Island Co.Appellate Division of the Supreme Court of the State of New York · 1998
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