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JACKSON v. ROCKEFELLER CENTER PROPERTIES, INC.

290 A.D.2d 315 (2002)

736 N.Y.S.2d 217

BEVERLY JACKSON et al., Appellants, v. ROCKEFELLER CENTER PROPERTIES, INC., et al., Respondents.

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

Decided January 17, 2002.

Summary judgment dismissing the complaint as against defendant RCP Associates was properly granted, sua sponte, pursuant to CPLR 3212 (b), based upon unrefuted evidence establishing that RCP Associates was an out-of-possession owner which exercised no control over the premises on which plaintiff was injured (see, Hoberman v Kids "R" Us, 187 A.D.2d 187, 190-191). Summary judgment pursuant to CPLR 3212 (b) is also warranted based upon...

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