Allen v. Pearson Pub. Empire, Ltd.
| Decision Date | 28 December 1998 |
| Parties | 1998 N.Y. Slip Op. 11,513 Richard ALLEN, et al., Plaintiffs-Respondents, v. PEARSON PUBLISHING EMPIRE, LTD., d/b/a The Absolute Sound, Ltd., Appellant, H & M Realty, Inc., Defendant Third-Party Plaintiff-Respondent; HNA Computer Systems, Inc., Third-Party Defendant. |
| Court | New York Supreme Court — Appellate Division |
White, Fleischner & Fino, New York, N.Y. (Dionne G. Sinclair of counsel), for appellant.
Joel L. Friedlander, Plainview, N.Y., for plaintiffs-respondents.
Jacobson & Schwartz, Rockville Centre, N.Y. (Rhonda H. Barry of counsel), for defendant third-party plaintiff-respondent.
Arlene Zalayet, Mineola, N.Y. (Richard A. Harris of counsel), for third-party defendant.
BRACKEN, J.P., RITTER, COPERTINO and FLORIO, JJ.
MEMORANDUM BY THE COURT.
In an action to recover damages for personal injuries, etc., the defendant Pearson Publishing Empire, Ltd., d/b/a The Absolute Sound, Ltd., appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Phelan, J.), dated December 2, 1997, as denied its motion for summary judgment dismissing the complaint and all cross claims asserted against it and granted that branch of the cross motion of the defendant H & M Realty, Inc., which was for summary judgment dismissing all cross claims asserted against it by the appellant.
ORDERED that the order is modified, on the law, by deleting the provision thereof denying the motion and substituting therefor a provision granting the motion, and the complaint and all cross claims are dismissed insofar as asserted against the appellant; as so modified, the order is affirmed insofar as appealed from, with one bill of costs payable to the appellant by the plaintiffs-respondents, and the action against the remaining defendant is severed.
On December 29, 1993, the plaintiff Richard Allen was injured when he tripped and fell over an outdoor mat allegedly placed improperly in the doorway of premises owned by the defendant H & M Realty, Inc. (hereinafter H & M), and leased by the third-party defendant HNA Computer Systems, Inc. (hereinafter HNA). HNA's lease expired December 31, 1993, and the lease of the same premises by the appellant Pearson Publishing Empire, Ltd., d/b/a The Absolute Sound, Ltd. (hereinafter Pearson), was to begin on January 1, 1994.
As a general rule, liability for a dangerous condition on real property must be predicated upon ownership, occupancy, control, or special use of that property (see...
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