FIGUEROA v. TSO


251 A.D.2d 959 (1998)

674 N.Y.S.2d 868

Hillary Figueroa et al., Appellants, v. Joseph Tso et al., Respondents, et al., Defendant

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

June 25, 1998


Yesawich Jr., J.

As aptly observed by Supreme Court in its decision granting defendant Fred Borzumato's motion, the record furnishes no basis for concluding that Borzumato — the owner of a video store operated on premises leased from defendant Joseph Tso — owned, possessed, controlled or put to a special use the sidewalk where plaintiff Hillary Figueroa slipped and fell, such that Borzumato might be found liable for the injuries she suffered...

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