Weiss v. City of New York

—Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered February 23, 1998, which, in an action for personal injuries against defendants City of New York and New York City Industrial Development Agency, granted defendants’ motions for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff, an employee of K & B Furniture Warehouse, fell down an elevator shaft in a building owned by defendant Agency. It is uncontroverted that the Agency acquired title to the premises from plaintiff’s employer in name only, to facilitate the sale of tax exempt bonds.…