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KOPETIC v. PORT AUTH. OF N.Y. & N.J.

10118, 305797/12.

176 A.D.3d 530 (2019)

110 N.Y.S.3d 664

2019 NY Slip Op 07502

Ronald Kopetic, Appellant, v. Port Authority of New York and New Jersey, Respondent.

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

Decided October 17, 2019.

Attorney(s) appearing for the Case

Buttafuoco & Associates, PLLC, Woodbury ( Scott Szczesny of counsel), for appellant.

Lewis Brisbois Bisgaard & Smith, LLP, New York ( Seth A. Guiterman and James H. Rodgers of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Gische, Webber, Moulton, JJ.

Defendant established its prima facie entitlement to judgment as a matter of law in this action where plaintiff was injured when, while operating a top loader in order to move shipping containers, the top loader tipped over due to uneven ground. Defendant, through its submission of the lease for the subject premises, showed that it was an out-of-possession landlord with no duty to maintain the area where the accident occurred or remedy the defect alleged (see Kittay v...

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