Powers v. City of Geneva

1 Citing case

  1. Kaplan v. Menlo Realty Income Props. 28

    218 A.D.3d 1301 (N.Y. App. Div. 2023)   Cited 1 times

    With respect to appeal No. 2, we reject the contentions of plaintiffs and the Realty defendants that Supreme Court (Valleriani, J.) erred in granting the motion of 9187 Group and Ellicott insofar as it sought summary judgment dismissing the complaint against them. It is well settled that, as a general rule, "[o]ne's liability in negligence for the condition of land ceases when the premises pass out of one's control before injury results" (Kilmer v White, 254 NY 64, 69 [1930]; see Powers v City of Geneva, 192 A.D.3d 1632, 1633 [4th Dept 2021]). Thus, under that general rule, the liability of 9187 Group and Ellicott for negligence based on a dangerous condition on the property ended when they relinquished control of the property (see Powers, 192 A.D.3d at 1633).