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WINBY v. KUSTAS

7 A.D.3d 615 (2004)

775 N.Y.S.2d 906

IRENE WINBY ET AL., Respondents, v. DIMITRA KUSTAS, Appellant, ET AL., Defendant. (And a Third-Party Action.)

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

May 10, 2004.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

A property owner is not liable in negligence unless he or she created the allegedly dangerous condition or had actual or constructive notice of its existence (see Voss v D&C Parking, 299 A.D.2d 346 [2002]). While an out-of-possession owner is generally not liable for injuries that occur on leased premises, one who retains control...

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