Yadegar v. International Food Market

• Court: New York Supreme Court — Appellate Division
• Citation: Yadegar v. International Food Market, 37 AD3d 595, 830 N.Y.S.2d 244, 2007 NY Slip Op 1293 (N.Y. App. Div. 2007)
• Decision Date: 13 February 2007
• Docket Number: 2003-09067.
• Parties: SHALA YADEGAR et al., Respondents, v. INTERNATIONAL FOOD MARKET et al., Respondents, and HERMAN B. STEIN, Appellant.

37 A.D.3d 595

830 N.Y.S.2d 244

2007 NY Slip Op 01293

SHALA YADEGAR et al., Respondents, v. INTERNATIONAL FOOD MARKET et al., Respondents, and HERMAN B. STEIN, Appellant.

2003-09067.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided February 13, 2007.

In a consolidated action to recover damages for personal injuries, etc., the defendant Herman B. Stein appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Jonas, J.), dated September 8, 2003, as (1) denied that branch of his cross motion which was for summary judgment dismissing the complaint insofar as asserted against him, (2) upon renewal, granted the cross motion of the defendant International Food Market for summary judgment dismissing the complaint insofar as asserted against it, and (3) granted the cross motion of the defendant Roslyn Grill, Inc., doing business as Hamid's Diner, and Hamid Banayan for summary judgment dismissing the complaint insofar as asserted against them.

Ordered that the appeal from so much of the order as, upon renewal, granted the cross motion of the defendant International Food Market for summary judgment dismissing the complaint insofar as asserted against it, and granted the cross motion of the defendant Roslyn Grill, Inc., doing business as Hamid's Diner, and Hamid Banayan for summary judgment dismissing the complaint insofar as asserted against them is dismissed as academic in light of the determination of the appeal from so much of the order as denied that branch of the cross motion of the defendant Herman B. Stein which was for summary judgment dismissing the complaint insofar as asserted against him; and it is further,

Ordered that the order is reversed insofar as reviewed, on the law, and that branch of the cross motion of the defendant Herman B. Stein which was for summary judgment dismissing the complaint insofar as asserted against him is granted; and it is further,

Ordered that one bill of costs is awarded to the defendant Herman B. Stein.

The plaintiff Shala Yadegar sustained injuries when she tripped and fell over an area of raised and broken asphalt in a parking lot owned by the defendant Herman B. Stein. "[A]n out-of-possession owner or lessor is not liable for injuries that occur on the premises unless that entity retained control of the premises or is contractually obligated to repair the unsafe condition" (Carvano v Morgan, 270 AD2d 222, 223 [2000]). Stein satisfied his burden on his ...