HARRISON v. LaBEFF


198 A.D.2d 829 (1993)

605 N.Y.S.2d 1011

Nancy J. Harrison et al., Respondents, v. David LaBeff, Doing Business as Lafayette Inn, Inc., Appellant

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

November 19, 1993


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

Memorandum:

Defendant is entitled to summary judgment dismissing plaintiffs' complaint. At oral argument, plaintiffs conceded that defendant did not own the adjacent property where plaintiff Nancy J. Harrison fell. Plaintiffs failed to raise a triable issue of fact with respect to whether defendant exercised control over that property (see, Dunn v Reardon...

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