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PANICO v. JIFFY LUBE INTERNATIONAL, INC.

2010-11170.

86 A.D.3d 553 (2011)

926 N.Y.S.2d 833

2011 NY Slip Op 5951

DENNIS PANICO, Appellant, v. JIFFY LUBE INTERNATIONAL, INC., Defendant, and REAL ESTATE OIL CHANGE LIMITED PARTNERSHIP et al., Respondents.

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

Decided July 12, 2011.

Ordered that the order entered October 13, 2010, is affirmed insofar as appealed from, with costs.

The defendants Real Estate Oil Change Limited Partnership, and Real Estate Oil Change, LLC (hereinafter together the defendants), established their prima facie entitlement to judgment as a matter of law by establishing that they were out-of-possession landlords who did not retain control over the premises and were not contractually obligated to maintain or repair the...

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