Appellate Division of the Supreme Court of New York, 1999

Berado v. City of Mount Vernon

Appellate Division of the Supreme Court of New York · Decided June 21, 1999

262 A.D.2d 513; 694 N.Y.S.2d 403; 1999 N.Y. App. Div. LEXIS 7050

Cases that cite this one

9 later published cases cite this decision.

Aponte v. Lee (Appellate Division of the Supreme Court of New York 2021)
Chalouh v. Lati, LLC (Appellate Division of the Supreme Court of New York 2016)
Valenti v. 400 Carlls Path Realty Corp. (Appellate Division of the Supreme Court of New York 2008)
Lupo v. Montauk Properties, LLC (Appellate Division of the Supreme Court of New York 2005)
Scott v. Bergstol (Appellate Division of the Supreme Court of New York 2004)
Gibson v. Bally Total Fitness Corp. (Appellate Division of the Supreme Court of New York 2003)
Krentse v. Salon Zorina, Inc. (Appellate Division of the Supreme Court of New York 2002)
Wilson v. Laung Hang Realty Corp. (Appellate Division of the Supreme Court of New York 2001)
Hecht v. Town of New Castle (Appellate Division of the Supreme Court of New York 2000)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County (Donovan, J.), entered June 11, 1998, as granted the motion of the defendant Waldbaum’s Inc. for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff Joan Berado was injured when she tripped upon a crack, break, or gap and the adjacent uneven surface in the concrete roadway of a parking facility built, operated, maintained, and repaired by the City of Mount Vernon. The parking facility was built in 1974 pursuant to a lease with a predecessor in interest of the defendant Waldbaum’s Inc. (hereinafter Waldbaum’s). Waldbaum’s subsequently built and operated a store on property adjacent to the parking facility, but closed the store in 1980 and ultimately leased the building to Ark Drug. Ark Drug occupied the building on the date of the incident.

*514It is well settled that an out-of-possession owner or lessor is not liable for injuries that occur on the premises unless the owner or lessor has retained control over the premises or is contractually obligated to repair unsafe conditions (see, Stark v Port Auth., 224 AD2d 681). The record reveals that Waldbaum’s was not involved in the daily operation of the parking facility or contractually obligated to repair unsafe conditions. Furthermore, there are no material issues of fact as to whether Waldbaum’s was negligent in any manner during the original construction of the parking facility. Therefore, the court properly granted Waldbaum’s motion for summary judgment (see, Alvarez v Prospect Hosp., 68 NY2d 320; Zuckerman v City of New York, 49 NY2d 557; Gilbert v 4905 Ave. D Realty, 224 AD2d 659).

The plaintiffs’ request for further discovery is without merit (see, Carrington v City of New York, 201 AD2d 525). S. Miller, J. P., Goldstein, H. Miller and Smith, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.