CUNNEEN v. SQUARE PLUS OPERATING CORP.


249 A.D.2d 258 (1998)

671 N.Y.S.2d 284

Debra Cunneen, Plaintiff, v. Square Plus Operating Corp., Defendant. (Action No. 1.) William Cunneen, Respondent, v. Square Plus Operating Corp., Appellant. (Action No. 2.)

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

April 6, 1998


Ordered that the order is affirmed insofar as appealed from, with costs.

As a result of a fall allegedly caused by the appellant's negligence in failing to maintain adequate lighting in a parking garage, the plaintiff's decedent in Action No. 2 sustained physical injuries and later died. The appellant contends that it did not exercise any control over the garage, and therefore may not be cast in liability. However, viewing the evidence in the light most favorable...

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