Morris v. Freudenheim

Order unanimously reversed on the law without costs, motion granted and second amended complaint and cross claims against defendant Robert L. Freudenheim dismissed. Memorandum: Supreme Court erred in denying the motion of Robert L. Freudenheim (defendant) for summary judgment dismissing the second amended complaint and cross claims against him. “An out-of-possession owner who has relinquished control over the premises will not be held liable for subsequent injuries resulting from dangerous conditions on the premises” (Gomez v Walton Realty Assocs., 258 AD2d 307, 308; see, Bittrolff v Ho’s…