Arce v. 1681 Realty Holding Corp.

Appellate Division of the Supreme Court of New York

Arce v. 1681 Realty Holding Corp.

276 A.D.2d 328, 716 N.Y.S.2d 287, 2000 N.Y. App. Div. LEXIS 10524

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 12, 2000

StatusPublished

Cited by1 cases

This text of 276 A.D.2d 328 (Arce v. 1681 Realty Holding Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Arce v. 1681 Realty Holding Corp., 276 A.D.2d 328, 716 N.Y.S.2d 287, 2000 N.Y. App. Div. LEXIS 10524 (N.Y. Ct. App. 2000).

Pincite

Opinion

Order, Supreme Court, Bronx County (Howard Silver, J.), entered May 1, 2000, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Deposition testimony of defendant’s own witness, Donald McKenzie, established that, at the time of plaintiffs 1994 slip and fall on the stoop of the building located at 3453 White Plains Road in the Bronx, defendant was collecting the rents and paying the insurance and tax bills for that property. Moreover, a principal of the then record owner, B.M.R.R. Realty, Robert Treglia, averred in an affidavit, inter alia, that, at the time of the accident, defendant had taken over management and control of the subject premises and was responsible for all conditions on the property. Plainly, then, there are issues of fact as to whether defendant managed and controlled the premises at the time of plaintiffs injury, and summary judgment was, accordingly, properly denied. Concur — Nardelli, J. P., Ellerin, Wallach, Lerner and Friedman, JJ.

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Order, Supreme Court, Bronx County (Howard Silver, J.), entered May 1, 2000, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Deposition testimony of defendant’s own witness, Donald McKenzie, established that, at the time of plaintiffs 1994 slip and fall on the stoop of the building located at 3453 White Plains Road in the Bronx, defendant was collecting the rents and paying the insurance and tax bills for that property. Moreover, a principal of the then record owner, B.M.R.R. Realty, Robert Treglia, averred in an affidavit, inter alia, that, at the time of the accident, defendant had taken over management and control of the subject premises and was responsible for all conditions on the property. Plainly, then, there are issues of fact as to whether defendant managed and controlled the premises at the time of plaintiffs injury, and summary judgment was, accordingly, properly denied. Concur — Nardelli, J. P., Ellerin, Wallach, Lerner and Friedman, JJ.

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Bluebook (online)

276 A.D.2d 328, 716 N.Y.S.2d 287, 2000 N.Y. App. Div. LEXIS 10524, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arce-v-1681-realty-holding-corp-nyappdiv-2000.

Opinion

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