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Sallan v. Kim

Appellate Division of the Supreme Court of New York, Second Department
Aug 2, 1993
196 A.D.2d 493 (N.Y. App. Div. 1993)

Opinion

August 2, 1993

Appeal from the Supreme Court, Queens County (Katz, J.).


Ordered that the order is reversed, on the law, without costs or disbursements, that branch of the motion of the defendant Aro Management, Inc., which was to dismiss the complaint and any cross claims asserted against it is granted, and the action against the remaining defendants is severed.

In support of its motion for summary judgment dismissing the complaint insofar as it is asserted against it, the defendant Aro Management, Inc., the managing agent of the premises, submitted "evidentiary proof in admissible form" (Zuckerman v City of New York, 49 N.Y.2d 557, 562), including, inter alia, the relevant lease, which indicated that it had no responsibility to clean snow and ice from the ramp upon which the plaintiff fell, and did not, in fact, clean any snow and ice from the ramp.

The papers submitted in opposition to the motion of the defendant Aro Management, Inc., for summary judgment failed to raise any bona fide questions of fact with respect to the issue of its liability (see, Zuckerman v City of New York, supra).

In light of our determination, we need not reach the other arguments raised by the appellant. Mangano, P.J., Rosenblatt, Lawrence, Copertino and Joy, JJ., concur.


Summaries of

Sallan v. Kim

Appellate Division of the Supreme Court of New York, Second Department
Aug 2, 1993
196 A.D.2d 493 (N.Y. App. Div. 1993)
Case details for

Sallan v. Kim

Case Details

Full title:BETH SALLAN, Respondent, v. SUNG LYONG KIM et al., Respondents, and ARO…

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

Date published: Aug 2, 1993

Citations

196 A.D.2d 493 (N.Y. App. Div. 1993)
601 N.Y.S.2d 851