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PARISI v. ARGENTO

190 Misc.2d 13 (2001)

735 N.Y.S.2d 714

NEIL PARISI, Respondent, v. ELISE L. ARGENTO, as Executrix of NORMA GENCO, Deceased, Appellant.

Supreme Court, Appellate Term, Second Department.

October 23, 2001.

Attorney(s) appearing for the Case

Zachary & Zachary, P. C., Staten Island (Deborah C. Zachary of counsel), for appellant.

Tracy & Stilwell, P. C., Staten Island (Rodney Stilwell of counsel), for respondent.

PATTERSON, J. P., GOLIA and RIOS, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Order unanimously reversed without costs and defendant's motion for summary judgment dismissing the complaint granted.

Generally, an out-of-possession owner or lessor of a premises is not liable for injuries that occur on the premises unless the owner or lessor has either retained control over the subject premises or is contractually obligated to repair any unsafe conditions...

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