FERNANDEZ v. STAPLES, INC.


261 A.D.2d 572 (1999)

690 N.Y.S.2d 711

MENOSCAR FERNANDEZ et al., Respondents, v. STAPLES, INC., Appellant.

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

Decided May 24, 1999.


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiff Menoscar Fernandez (hereinafter Fernandez) was assaulted in a parking lot outside the defendant's store after purchasing merchandise in the store. The record indicates that the defendant did not own or control the parking lot in question, but that it was owned and controlled by the defendant's landlord. In any event, the record contains...

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