Cheitel v. Omega Management Co.

Appellate Division of the Supreme Court of New York

Cheitel v. Omega Management Co.

150 A.D.2d 228, 541 N.Y.S.2d 5, 1989 N.Y. App. Div. LEXIS 6550

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

DecidedMay 18, 1989

StatusPublished

Cited by1 cases

This text of 150 A.D.2d 228 (Cheitel v. Omega Management Co.) 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

Cheitel v. Omega Management Co., 150 A.D.2d 228, 541 N.Y.S.2d 5, 1989 N.Y. App. Div. LEXIS 6550 (N.Y. Ct. App. 1989).

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Opinion

Order, Supreme Court, Bronx County (Jack Turret, J.), entered April 14, 1988, which denied defendant Omega Management Company’s motion for summary judgment, unanimously reversed, on the law, without costs, the motion granted, and the complaint dismissed as to said defendant.

While we agree with the IAS court that the conclusory affirmation of plaintiffs attorney was insufficient to raise any triable issue of fact (Freeze Right Refrig. & Air Conditioning Servs. v City of New York, 101 AD2d 175), we also note that defendant Omega Management Company tendered sufficient evidence to eliminate any material issue of fact. The affidavit of defendant’s president and the other submissions showed that the condition which allegedly caused plaintiffs injuries was not reported to the defendant, and arose long after the defendant ceased management of the premises. Even if there were some evidence that defendant was in some way responsible for the condition of the premises, which there is not, defendant’s liability ceased, under the circumstances presented here, upon cessation of control of the premises. (Levine v 465 W. End Ave. Assocs., 93 AD2d 735.) Concur—Murphy, P. J., Ross, Carro, Asch and Kassal, JJ.

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Order, Supreme Court, Bronx County (Jack Turret, J.), entered April 14, 1988, which denied defendant Omega Management Company’s motion for summary judgment, unanimously reversed, on the law, without costs, the motion granted, and the complaint dismissed as to said defendant.

While we agree with the IAS court that the conclusory affirmation of plaintiffs attorney was insufficient to raise any triable issue of fact (Freeze Right Refrig. & Air Conditioning Servs. v City of New York, 101 AD2d 175), we also note that defendant Omega Management Company tendered sufficient evidence to eliminate any material issue of fact. The affidavit of defendant’s president and the other submissions showed that the condition which allegedly caused plaintiffs injuries was not reported to the defendant, and arose long after the defendant ceased management of the premises. Even if there were some evidence that defendant was in some way responsible for the condition of the premises, which there is not, defendant’s liability ceased, under the circumstances presented here, upon cessation of control of the premises. (Levine v 465 W. End Ave. Assocs., 93 AD2d 735.) Concur—Murphy, P. J., Ross, Carro, Asch and Kassal, JJ.

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Bluebook (online)

150 A.D.2d 228, 541 N.Y.S.2d 5, 1989 N.Y. App. Div. LEXIS 6550, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cheitel-v-omega-management-co-nyappdiv-1989.

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