Solano v. Leemilt's Petroleum, Inc.

Appellate Division of the Supreme Court of New York

Solano v. Leemilt's Petroleum, Inc.

188 A.D.2d 385

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

DecidedDecember 15, 1992

StatusPublished

This text of 188 A.D.2d 385 (Solano v. Leemilt's Petroleum, 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.

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Solano v. Leemilt's Petroleum, Inc., 188 A.D.2d 385 (N.Y. Ct. App. 1992).

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Opinion

Order, Supreme Court, Bronx County (Anita Florio, J.), entered June 15, 1992, denying the motion of defendants Leemilt’s Petroleum, Inc. and Getty Petroleum Corporation for summary judgment dismissing the action without prejudice to renew upon completion of discovery, unanimously affirmed, without costs.

Defendants failed to satisfy their burden of demonstrating the absence of material issues of fact entitling them to summary judgment. A review of the record confirms the IAS Court’s finding that numerous issues of fact exist concerning the liability of the out-of-possession landlord of a gasoline service station where plaintiff allegedly sustained an ear injury due to a fence that protruded onto the public sidewalk (see, Administrative Code of City of NY §§ 27-127, 19-140; Guzman v Haven Plaza Hous. Dev. Fund Co., 69 NY2d 559). Concur — Murphy, P. J., Carro, Rosenberger, Asch and Kassal, JJ.

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Order, Supreme Court, Bronx County (Anita Florio, J.), entered June 15, 1992, denying the motion of defendants Leemilt’s Petroleum, Inc. and Getty Petroleum Corporation for summary judgment dismissing the action without prejudice to renew upon completion of discovery, unanimously affirmed, without costs.

Defendants failed to satisfy their burden of demonstrating the absence of material issues of fact entitling them to summary judgment. A review of the record confirms the IAS Court’s finding that numerous issues of fact exist concerning the liability of the out-of-possession landlord of a gasoline service station where plaintiff allegedly sustained an ear injury due to a fence that protruded onto the public sidewalk (see, Administrative Code of City of NY §§ 27-127, 19-140; Guzman v Haven Plaza Hous. Dev. Fund Co., 69 NY2d 559). Concur — Murphy, P. J., Carro, Rosenberger, Asch and Kassal, JJ.

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188 A.D.2d 385, Counsel Stack Legal Research, https://law.counselstack.com/opinion/solano-v-leemilts-petroleum-inc-nyappdiv-1992.

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