CLARK v. KAPLAN


47 A.D.3d 462 (2008)

851 N.Y.S.2d 10

FRANCESCO C. CLARK, Respondent, v. F. CAPPY KAPLAN et al., Defendants, and ISLAND PROPERTIES REAL ESTATE & MANAGEMENT CORP., Appellant. (And a Third-Party Action.)

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

Decided January 15, 2008.


Defendant, the managing agent of real property on which plaintiff sustained personal injuries diving into a swimming pool, established its entitlement to summary judgment by tendering evidence demonstrating that its unwritten property management services agreement was not comprehensive and exclusive, so as to entirely displace the owner's duty to maintain the premises, or the pool alone, in a reasonably safe condition (see Jackson v Board of Educ. of City of N.Y.,...

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