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MORRISON v. GERLITZKY

282 A.D.2d 725 (2001)

724 N.Y.S.2d 73

RUSSELL MORRISON, Appellant, v. ABRAHAM GERLITZKY, Respondent, et al., Defendants.

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

Decided April 30, 2001.

Ordered that the order is affirmed, with costs.

Contrary to the plaintiff's contention, the Supreme Court properly granted the respondent's motion for summary judgment dismissing the complaint insofar as asserted against him. As a general rule, liability for a dangerous condition on real property must be predicated upon a defendant's ownership, occupancy, control, or special use of that property (see, Golds v Del Aguila, 259 A.D.2d 942

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