ARREAGA v. 112 DYCKMAN RESTAURANT INC.

2057, 156297/14.

143 A.D.3d 646 (2016)

2016 NY Slip Op 07088

39 N.Y.S.3d 774

EMMANUEL ARREAGA, Respondent, v. 112 DYCKMAN RESTAURANT INC. et al., Defendants, and 114-118 DYCKMAN REALTY LLC, Appellant.

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

Decided October 27, 2016.


Defendant, an out of possession landlord, presented prima facie evidence establishing a meritorious defense — that it did not control the restaurant where plaintiff was injured and had no knowledge of or opportunity to supervise the intoxicated patrons that allegedly assaulted plaintiff (see D'Amico v Christie, 71 N.Y.2d 76, 85 [1987]; McGlynn v St. Andrew Apostle Church, 304 A.D.2d 372<...

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