Duggan v. Cronos Enterprises, Inc.
Cases that cite this one
13 later published cases cite this decision.
- Keum Ok Han v. Kemp, Pin & Ski, LLC (Appellate Division of the Supreme Court of New York 2016)
- Miranda v. 1320 Entertainment, Inc. (Appellate Division of the Supreme Court of New York 2024)
- Marte v. Family Dollar Stores of New York, Inc. (District Court, E.D. New York 2023)
- McDonnell v. Blockbuster Video, Inc. (Appellate Division of the Supreme Court of New York 2022)
- Green v. Incorporated Vil. of Great Neck Plaza (Appellate Division of the Supreme Court of New York 2021)
- Aponte v. Lee (Appellate Division of the Supreme Court of New York 2021)
- King v. Marwest, LLC (Appellate Division of the Supreme Court of New York 2021)
- Negri-Riglos v. First N. Star, LLC (Appellate Division of the Supreme Court of New York 2020)
- Washington-Fraser v. Industrial Home for the Blind (Appellate Division of the Supreme Court of New York 2018)
- Washington-Fraser v. Industrial Home for the Blind (Appellate Division of the Supreme Court of New York 2018)
- Davidson v. Steel Equities (Appellate Division of the Supreme Court of New York 2016)
- Mendoza v. Manila Bar & Restaurant Corp. (Appellate Division of the Supreme Court of New York 2016)
- Fajardo v. Mainco Elevator & Electrical Corp. (Appellate Division of the Supreme Court of New York 2016)
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
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Spinner, J.), dated June 3, 2013, which granted the motion of the defendants Dawn Estates Trust, Dawn Estates Shopping Center, Dawn Estates, Inc., Bernard Kaplan, and Theodore Kaplan for summary judgment dismissing the complaint insofar as asserted against them.
Ordered that the order is affirmed, with costs.
The plaintiff allegedly sustained injuries when she tripped and fell on an approximately one-inch difference in elevation between a ramp and a curb located in a parking lot owned by the defendants Dawn Estates Trust, Dawn Estates Shopping Center, Dawn Estates, Inc., Bernard Kaplan, and Theodore Kaplan (hereinafter collectively the Dawn Estates defendants). The plaintiff commenced this action against, among others, the Dawn Estates defendants, which had leased the subject premises, including the parking lot where the plaintiff fell, to a tenant. The Dawn Estates defendants moved for summary judgment dismissing the complaint insofar as asserted against them. The Supreme Court granted the motion, and the plaintiff appeals.
An out-of-possession landlord can be held liable for injuries that occur on its premises only if the landlord has retained control over the premises and if the landlord is contractually or statutorily obligated to repair or maintain the premises or has assumed a duty to repair or maintain the premises by virtue of a course of conduct (see Garcia v Town of Babylon Indus. Dev. Agency, 120 AD3d 546, 547 [2014]; Wenzel v 16302 Jamaica Ave., LLC, 115 AD3d 852 [2014]; Alnashmi v Certified Analytical Group, Inc., 89 AD3d 10, 18 [2011]). Here, in support of their motion for summary judgment dismissing the complaint, the Dawn Estates defendants established, prima facie, that they were out-of-possession landlords with no duty to repair or maintain the subject parking lot, such that liability could not be imposed upon them in this action (see Garcia v Town of Babylon Indus. Dev. Agency, 120 AD3d at 547; Wenzel v 16302 Jamaica Ave., LLC, 115 AD3d at 852). In opposition, the plaintiff failed to raise a triable issue of fact (see Wenzel v 16302 Jamaica Ave., LLC, 115 AD3d at 853).
The plaintiff’s remaining contentions need not be reached in *565 light of our determination. Chambers, J.P., Hall, Duffy and Barros, JJ., concur. [Prior Case History: 2013 NY Slip Op S1287CÜ).]
Case-law data current through September 30, 2026. Source: CourtListener bulk data.