PULLIAM v. DEANS MANAGEMENT OF N.Y., INC.


61 A.D.3d 519 (2009)

878 N.Y.S.2d 302

WHITNEY PULLIAM et al., Appellants, v. DEANS MANAGEMENT OF N.Y., INC., Respondent, et al., Defendant.

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

Decided April 16, 2009.


Defendant established its prima facie entitlement to summary judgment by submitting evidence demonstrating that as an out-of-possession owner with no contractual obligation to repair, it is not liable for the injured plaintiff's injury. In opposition, plaintiffs failed to raise a triable issue of fact, as they did not allege or submit evidence that the defective condition resulting in the accident constituted a specific statutory...

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