PHILLIPS v. SINBA ASSOCIATES


296 A.D.2d 389 (2002)

745 N.Y.S.2d 447

SHANADO PHILLIPS, Respondent, v. SINBA ASSOCIATES, L.P., et al., Appellants. (And a Third-Party Action.) (Action No. 1.) SEAN THOMAS, Respondent, v. SINBA ASSOCIATES, L.P., Appellant, et al., Defendant. (Action No. 2.)

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

Decided July 1, 2002.


Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint in Action No. 1 is dismissed, the complaint in Action No. 2 is dismissed insofar as asserted against the defendant Sinba Associates, L.P., and Action No. 2 is severed as against the defendant Tilden Ballroom Catering Services, Inc.

"It is well settled that an out-of-possession owner or lessor is not liable for injuries that occur on the premises unless the owner or lessor...

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