DUNN v. REARDON


184 A.D.2d 1064 (1992)

Dennis Dunn, Respondent, v. Keith M. Reardon et al., Individually and Doing Business as The Varsity Club, Respondents, and Eugene Tucker et al., Appellants

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

June 25, 1992


Order unanimously reversed on the law without costs and motion granted.

Memorandum:

Supreme Court erred in denying the motion of defendants Eugene and Eleanor Tucker for summary judgment dismissing plaintiff's complaint. Defendants produced evidence in admissible form that demonstrated that the parking lot where plaintiff fell was not part of the premises leased to them and that they were not in control of the parking lot. Consequently, defendants owed no...

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