Plasynski v. Economic Opportunity Council of Suffolk, Inc.

Appellate Division of the Supreme Court of New York

Plasynski v. Economic Opportunity Council of Suffolk, Inc.

239 A.D.2d 478, 658 N.Y.S.2d 65, 1997 N.Y. App. Div. LEXIS 5369

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

DecidedMay 19, 1997

StatusPublished

Cited by1 cases

This text of 239 A.D.2d 478 (Plasynski v. Economic Opportunity Council of Suffolk, Inc.) 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

Plasynski v. Economic Opportunity Council of Suffolk, Inc., 239 A.D.2d 478, 658 N.Y.S.2d 65, 1997 N.Y. App. Div. LEXIS 5369 (N.Y. Ct. App. 1997).

Pincite

Opinion

In an action to recover damages for personal injuries, the defendant Economic Opportunity Council of Suffolk, Inc., appeals from an order of the Supreme Court, Suffolk County (Tanenbaum, J.), dated June 20, 1996, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

Pursuant to a settlement agreement, the defendant Economic Opportunity Council of Suffolk, Inc. (hereinafter EOC), agreed to transfer to Long Island Headstart Child Development Services, Inc., formerly known as Long Island Day Care Services, Inc. (hereinafter LI Headstart), title and ownership of all property and equipment located, among other places, at 116 Walnut Street in Patchogue, New York, as of November 30, 1985. As of that date, LI Headstart was the vendee in possession, and for all practical purposes was the owner of the property with all of the rights of an owner subject only to the terms of the agreement (see generally, Bean v Walker, 95 AD2d 70). [479]*479Therefore, any liability of EOC for the existence of a dangerous condition on the real property ceased upon transfer of possession and control almost two and one-half years prior to the accident (see, Fisher v Braun, 227 AD2d 586; Slomin v Skaarland Constr. Corp., 207 AD2d 639; James v Stark, 183 AD2d 873; Banks v Banks, 121 AD2d 421). Miller, J. P., Thompson, Joy and Luciano, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In an action to recover damages for personal injuries, the defendant Economic Opportunity Council of Suffolk, Inc., appeals from an order of the Supreme Court, Suffolk County (Tanenbaum, J.), dated June 20, 1996, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

Pursuant to a settlement agreement, the defendant Economic Opportunity Council of Suffolk, Inc. (hereinafter EOC), agreed to transfer to Long Island Headstart Child Development Services, Inc., formerly known as Long Island Day Care Services, Inc. (hereinafter LI Headstart), title and ownership of all property and equipment located, among other places, at 116 Walnut Street in Patchogue, New York, as of November 30, 1985. As of that date, LI Headstart was the vendee in possession, and for all practical purposes was the owner of the property with all of the rights of an owner subject only to the terms of the agreement (see generally, Bean v Walker, 95 AD2d 70). [479]*479Therefore, any liability of EOC for the existence of a dangerous condition on the real property ceased upon transfer of possession and control almost two and one-half years prior to the accident (see, Fisher v Braun, 227 AD2d 586; Slomin v Skaarland Constr. Corp., 207 AD2d 639; James v Stark, 183 AD2d 873; Banks v Banks, 121 AD2d 421). Miller, J. P., Thompson, Joy and Luciano, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

239 A.D.2d 478, 658 N.Y.S.2d 65, 1997 N.Y. App. Div. LEXIS 5369, Counsel Stack Legal Research, https://law.counselstack.com/opinion/plasynski-v-economic-opportunity-council-of-suffolk-inc-nyappdiv-1997.

Opinion

Related

Cite This Page — Counsel Stack