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Panico v. Jiffy Lube Int'l

Appellate Division of the Supreme Court of New York, Second Department
Jul 12, 2011
86 A.D.3d 553 (N.Y. App. Div. 2011)

Opinion

No. 2010-11170.

July 12, 2011.

In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Cozzens, Jr., J.), entered October 13, 2010, which granted the motion of the defendants Real Estate Oil Change Limited Partnership, and Real Estate Oil Change, LLC, for leave to reargue their motion for summary judgment dismissing the complaint insofar as asserted against them, which had been denied in an order of the same court entered April 16, 2010, and upon reargument, vacated so much of the determination in the order entered April 16, 2010, as denied the motion for summary judgment, and thereupon granted the motion for summary judgment dismissing the complaint insofar as asserted against them.

Bragoli Associates, P.C., Melville, N.Y. (Christopher Bragoli, Susan R. Nudelman, and Daniel A. Fried of counsel), for appellant.

Martyn, Toher Martyn, Mineola, N.Y. (Thomas M. Martyn of counsel), for respondents.

Before: Covello, J.P., Eng, Chambers and Miller, JJ.


Ordered that the order entered October 13, 2010, is affirmed insofar as appealed from, with costs.

The defendants Real Estate Oil Change Limited Partnership, and Real Estate Oil Change, LLC (hereinfter together the defendants), established their prima facie entitlement to judgment as a matter of law by establishing that they were out-of-possession landlords who did not retain control over the premises and were not contractually obligated to maintain or repair the premises ( see McElroy v Bernstein, 72 AD3d 757, 758; Kane v Port Auth. of NY. N.J., 49 AD3d 503, 503-504; Shrenkel v New York State Dormitory Auth., 266 AD2d 369). The defendants further established, prima facie, that they did not create the allegedly dangerous conditions that caused the plaintiffs injuries, nor lease the premises knowing that dangerous conditions existed on the premises ( see McElroy v Bernstein, 72 AD3d at 758; Lomedico v Cassillo, 56 AD3d 1271, 1271). In opposition, the plaintiff failed to raise a triable issue of fact ( see generally Zuckerman v City of New York, 49 NY2d 557, 562).

Accordingly, upon reargument, the Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint insofar as asserted against them.


Summaries of

Panico v. Jiffy Lube Int'l

Appellate Division of the Supreme Court of New York, Second Department
Jul 12, 2011
86 A.D.3d 553 (N.Y. App. Div. 2011)
Case details for

Panico v. Jiffy Lube Int'l

Case Details

Full title:DENNIS PANICO, Appellant, v. JIFFY LUBE INTERNATIONAL, INC., Defendant…

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

Date published: Jul 12, 2011

Citations

86 A.D.3d 553 (N.Y. App. Div. 2011)
926 N.Y.S.2d 833

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