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Jackson v. Endo Laboratories

Appellate Division of the Supreme Court of New York, Second Department
Aug 5, 1991
175 A.D.2d 798 (N.Y. App. Div. 1991)

Opinion

August 5, 1991

Appeal from the Supreme Court, Nassau County (Murphy, J.).


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion for summary judgment is granted, and the complaint and any cross claims are dismissed insofar as asserted against the appellant.

In this case, any interest which Endo Laboratories (hereinafter Endo) had in the property upon which the plaintiff fell ended in 1979 when it sold that property to Hina Realty Company (hereinafter Hina) and surrendered all possession and control of the premises thereto. Further, because Hina took possession and control of the property, and simultaneously leased it to Continental Extrusion Company for a 20-year term, six years before the plaintiff's injuries were sustained, Hina, thus, had a reasonable opportunity to discover the allegedly dangerous condition by making prompt inspection and necessary repairs (see, Camillery v Getty Ref. Mktg. Co., 170 A.D.2d 567). Therefore, summary judgment should have been granted in favor of Endo. The plaintiffs' unsubstantiated allegations regarding Endo's concealment of a dangerous condition are insufficient to raise a material triable issue of fact and, as a matter of law, cannot defeat Endo's motion for summary judgment (see, Zuckerman v City of New York, 49 N.Y.2d 557; Camillery v Getty Ref. Mktg. Co., supra; see also, Mazurick v Chalos, 172 A.D.2d 805).

We have considered the plaintiffs' remaining contention and find it to be without merit (see, Ebanks v New York City Tr. Auth., 70 N.Y.2d 621). Mangano, P.J., Bracken, Sullivan and Harwood, JJ., concur.


Summaries of

Jackson v. Endo Laboratories

Appellate Division of the Supreme Court of New York, Second Department
Aug 5, 1991
175 A.D.2d 798 (N.Y. App. Div. 1991)
Case details for

Jackson v. Endo Laboratories

Case Details

Full title:WILLETT JACKSON et al., Respondents, v. ENDO LABORATORIES, Appellant, and…

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

Date published: Aug 5, 1991

Citations

175 A.D.2d 798 (N.Y. App. Div. 1991)
572 N.Y.S.2d 928

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