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RIVERA v. WOOD

276 A.D.2d 682 (2000)

714 N.Y.S.2d 732

VILMA RIVERA, Respondent, v. THOMAS WOOD, Doing Business as BROOKS HARBOR SEAFOOD, Defendant, and DFB ENTERPRISES, et al., Appellants. (And a Third-Party Action.)

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

Decided October 23, 2000.

Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellants, and the action against the remaining defendant is severed.

The Supreme Court improperly denied the appellants' motion for summary judgment. "It is well settled that an out-of-possession owner or lessor is not liable for injuries that occur on the premises unless that entity...

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