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Dunn v. Reardon

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 5, 1992
184 A.D.2d 1064 (N.Y. App. Div. 1992)

Opinion

June 5, 1992

Appeal from the Supreme Court, Herkimer County, Auser, J.

Present — Boomer, J.P., Balio, Lawton, Fallon and Doerr, JJ.


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 plaintiff's 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 A.D.2d 573, lv denied 76 N.Y.2d 713; McGill v. Caldors, Inc., 135 A.D.2d 1041; Elmlinger v. Board of Educ., 132 A.D.2d 923). In opposition plaintiff submitted only the affidavit of his attorney, which was insufficient to raise a triable issue concerning defendants' possession or control of the parking lot (see, McGill v. Caldors, Inc., supra).


Summaries of

Dunn v. Reardon

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 5, 1992
184 A.D.2d 1064 (N.Y. App. Div. 1992)
Case details for

Dunn v. Reardon

Case Details

Full title:DENNIS DUNN, Respondent, v. KEITH M. REARDON et al., Individually and…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jun 5, 1992

Citations

184 A.D.2d 1064 (N.Y. App. Div. 1992)
584 N.Y.S.2d 370

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