TRAGALE v. 485 KINGS CORP.


39 A.D.3d 626 (2007)

834 N.Y.S.2d 256

JOSEPH TRAGALE, Appellant, v. 485 KINGS CORP., Respondent, et al., Defendants.

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

Decided April 10, 2007.


Ordered that the order is affirmed, with costs.

The plaintiff, who managed a Blockbuster Video store in Brooklyn, was injured when a steel gate in front of the premises came crashing down on him as he attempted to open the store for business. The defendant 485 Kings Corp. (hereinafter the respondent) owned the building in which the Blockbuster Video store was located and leased.

"An out-of-possession landlord is...

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