Morris v. Freudenheim
Cases that cite this one
4 later published cases cite this decision.
- Kaplan v. Menlo Realty Income Props. 28, LLC (Appellate Division of the Supreme Court of New York 2023)
- Powers v. City of Geneva (Appellate Division of the Supreme Court of New York 2021)
- Croman v. County of Oneida (Appellate Division of the Supreme Court of New York 2006)
- Landau v. Beach Haven Shopping Center, L. L. C. (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
Order unanimously reversed on the law without costs, motion granted and second amended complaint and cross claims against defendant Robert L. Freudenheim dismissed. Memorandum: Supreme Court erred in denying the motion of Robert L. Freudenheim (defendant) for summary judgment dismissing the second amended complaint and cross claims against him. “An out-of-possession owner who has relinquished control over the premises will not be held liable for subsequent injuries resulting from dangerous conditions on the premises” (Gomez v Walton Realty Assocs., 258 AD2d 307, 308; see, Bittrolff v Ho’s Dev. Corp., 77 NY2d 896, 898). It is undisputed that defendant relinquished possession and control of the premises to a court-appointed receiver 10 months before the accident and that the premises were purchased at a foreclosure sale nearly five months before the accident. Under those circumstances, liability may be imposed upon defendant only if the allegedly dangerous condition of the elevator existed at the time he relinquished possession and control of the premises “and the
Case-law data current through December 31, 2025. Source: CourtListener bulk data.