Siracuse v. Race Office Equipment Co.
Opinion of the Court
Order unanimously reversed on the law without costs, motion granted
Defendant established its entitlement to judgment as a matter of law on the remaining cause of action, alleging negligence. “Liability for a dangerous condition on real property must be predicated upon ownership, occupancy, control, or special use of the property” (Smalls v New York City Hous. Auth. Tenants Assn, of Woodside, 276 AD2d 619, 620). Defendant established that it did not occupy, own, or control the property where the accident occurred (see, Turner v Federated Dept. Stores, 182 AD2d 815), and plaintiffs failed to raise an issue of fact (see generally, Zuckerman v City of New York, 49 NY2d 557, 562). (Appeal from Order of Supreme Court, Genesee County, Rath, Jr., J. — Summary Judgment.) Present — Pigott, Jr., P. J., Hurl-butt, Kehoe and Lawton, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.