RAM v. 64TH STREET-THIRD AVENUE ASSOCIATES, LLC


61 A.D.3d 596 (2009)

878 N.Y.S.2d 27

TREVOR RAM, Appellant, v. 64TH STREET-THIRD AVENUE ASSOCIATES, LLC, Respondent.

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

Decided April 28, 2009.


Plaintiff was injured when, attempting to turn off a ceiling-mounted box fan, he placed his right hand within the area of the revolving blades. The fan was located in a parking garage that was operated by plaintiff's employer under a lease with defendant, the building's owner. The motion court correctly granted defendant's motion for summary judgment on the ground that defendant was an out-of-possession landlord that could not be held liable for any dangers posed by the fan...

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