VAN DYK v. C & M 974 ROUTE 45 LLC

11225, 28106/16E.

181 A.D.3d 457 (2020)

117 N.Y.S.3d 574

2020 NY Slip Op 01575

Jean Van Dyk, Appellant, v. C & M 974 Route 45 LLC et al., Respondents.

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

Decided March 10, 2020.


Plaintiff alleges that she was injured when a heavy door that was stored in a locked medical storage closet in the medical office where she worked tipped over onto her. Defendants established prima facie, through deposition testimony, sworn witness statements, and renewal lease provisions, that they were out-of-possession landlords who had no access to the locked closet and therefore did not possess or control the closet for liability purposes (see Sapp v S.J.C. 308 Lenox...

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