Rosato v. Foodtown
| Decision Date | 17 October 1994 |
| Citation | 208 A.D.2d 705,617 N.Y.S.2d 531 |
| Parties | Anna ROSATO, et al., Plaintiffs-Respondents, v. FOODTOWN, et al., Appellants, Melvin Kaplan, et al., Defendants-Respondents. |
| Court | New York Supreme Court — Appellate Division |
Fiedelman & Hoefling, Jericho (Paul D. Lawless, of counsel), for appellants.
Alio & Ronan, Huntington Station (Thomas C. Catalano, Jr., of counsel), for defendants-respondents.
Before BRACKEN, J.P., and LAWRENCE, SANTUCCI and GOLDSTEIN, JJ.
MEMORANDUM BY THE COURT.
In a negligence action to recover damages for personal injuries, etc., the defendants Foodtown, Big Mel of North Woodmere, Inc., and Melmarkets, Inc., appeal from an order of the Supreme Court, Queens County (LeVine, J.), dated March 23, 1993, which denied their motion for summary judgment dismissing the complaint insofar as it is asserted against them and all cross claims against them.
ORDERED that the order is reversed, on the law, the motion is granted and the complaint is dismissed insofar as it is asserted against the defendants Foodtown, Big Mel of North Woodmere, Inc., and Melmarkets, Inc., and the cross claims against those defendants are also dismissed; and it is further,
ORDERED that the appellants are awarded one bill of costs payable by the defendants-respondents.
It is well settled that liability for injuries sustained by a shopping center patron due to defects in the surface of the shopping center's parking lot attaches to parties in possession or in control of the parking lot (see, Farrar v. Teicholz, 173 A.D.2d 674, 570 N.Y.S.2d 329). In this case, the appellants are the operators of a supermarket that is located in a shopping center that is owned by the defendant landlords. The appellants established as a matter of law that they did not own, occupy, possess, or put to a special use, the parking lot where the plaintiff Anna Rosato was injured. Thus, they owed her no duty of care to maintain the parking lot, and they may not be held liable for permitting the existence of the alleged defective condition in the parking lot (see, Feinman v. Cantone, 192 A.D.2d 577, 596 N.Y.S.2d 135; Zadarosni v. F. & W. Restauranteurs of Southeast, 192 A.D.2d 1051, 597 N.Y.S.2d 220; Smith v. Fishkill Health-Related Ctr., 184 A.D.2d 963, 584 N.Y.S.2d 949; Dunn v. Reardon, 184 A.D.2d 1064, 584 N.Y.S.2d 370; Turrisi v. Ponderosa, Inc., 179 A.D.2d 956, 578 N.Y.S.2d 724; Shire v. Ferdinando, 161 A.D.2d 573, 555 N.Y.S.2d 151; McGill v. Caldors, Inc., 135...
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Pugliese v. Bon Realty Corp., 2008 NY Slip Op 32286(U) (N.Y. Sup. Ct. 7/24/2008), 0004953/2006
...a dangerous condition (see, Warren v. Wilmorite, Inc., supra; Abdul-Azim v. RDC Commercial Center, 210 A.D.2d 191, 620 N.Y.S.2d 70; Rosato v. Foodtown, supra; Turrisi v. Ponderosa, Inc., 179 A.D.2d 956, 578 N.Y.S.2d 724; McGill v. Caldors, Inc., 135 A.D.2d 1041, 522 N.Y.S.2d 976). According......
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Rodriguez v. American Restaurant Ventures, Inc.
...627 N.Y.S.2d at 452 (shopping center parking lot); Abdul-Azim, 620 N.Y.S.2d at 71 (shopping center steps); Rosato v. Foodtown, 208 A.D.2d 705, 617 N.Y.S.2d 531, 531 (1994) (shopping center parking lot). Under these circumstances, Posa Posa is entitled to summary judgment dismissing Louis Ro......
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Millman v. Citibank, N.A.
...occupancy, control, or special use of the property (see, Warren v. Wilmorite, Inc., 211 A.D.2d 904, 621 N.Y.S.2d 184; Rosato v. Foodtown, 208 A.D.2d 705, 617 N.Y.S.2d 531; Farrar v. Teicholz, 173 A.D.2d 674, 570 N.Y.S.2d 329). Here, however, Citibank's evidentiary submissions demonstrated t......
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