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KEARNEY v. CAPELLI ENTERPRISES

4236. 104322/11.

151 A.D.3d 521 (2017)

2017 NY Slip Op 04783

57 N.Y.S.3d 31

ALICIA KEARNEY, Appellant, v. CAPELLI ENTERPRISES et al., Respondents, et al., Defendant.

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

Decided June 13, 2017.

Dismissal of the complaint as against Capelli was proper. The evidence shows that Capelli did not own the premises, was not involved in the construction project, and did not cause or create the dangerous condition that resulted in plaintiff's injuries. Plaintiff also signed a release expressly releasing Capelli from tort claims and civil wrongs.

However, Fuller failed to show that it did not owe plaintiff a duty of care...

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