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SMITH v. 562 MORRIS REALTY LLC

9699, 25032/16E.

173 A.D.3d 586 (2019)

100 N.Y.S.3d 869

2019 NY Slip Op 05070

Ursula Smith, Plaintiff, v. 562 Morris Realty LLC, Respondent, and 562 Morris Holdings, LLC, Appellant.

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

Decided June 25, 2019.

Holdings submitted documentary evidence that it did not own, lease, or otherwise control the premises where plaintiff's accident took place, having sold it over one month earlier to Realty, thereby refuting the factual allegations in the complaint, and conclusively disposing of plaintiff's claim as against it (see Jackson v Board of Educ. of City of N.Y., 30 A.D.3d 57, 60 [1st Dept 2006]; Mullen v Zoebe, Inc.,

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