Turner v. Federated Department Stores, Inc.

Appellate Division of the Supreme Court of New York

Turner v. Federated Department Stores, Inc.

182 A.D.2d 815, 583 N.Y.S.2d 19, 1992 N.Y. App. Div. LEXIS 6584

Appellate Division of the Supreme Court of the State of New York·Decided April 27, 1992·Published·Cited by 2 cases

Opinion

In a negligence action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Garry, J.), dated April 12, 1990, which granted the defendant Orbach’s motion for summary judgment dismissing the complaint insofar as it is asserted against it.

Ordered that the order is affirmed, with costs.

The plaintiff, a New York City police officer, responded to a burglary call at an Abraham & Strauss store (hereinafter A&S) located in Queens County where he allegedly sustained personal injuries when he fell through an acoustical tile ceiling. The A&S store is part of a shopping complex which also houses an Orbach store, a common mall area, and a parking garage.

The plaintiff contends that the defendant Orbach, Inc. retained sufficient control of the premises to be held liable for his injuries. Under the facts of this case, we find no basis for imposing liability on Orbach, Inc., which did not occupy, own, or control the property where the accident occurred (Balsam v Delma Eng’g Corp., 139 AD2d 292). Consequently, the court correctly granted summary judgment dismissing the complaint as against Orbach, Inc. Eiber, J. P., O’Brien, Copertino and Pizzuto, JJ., concur.

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In a negligence action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Garry, J.), dated April 12, 1990, which granted the defendant Orbach’s motion for summary judgment dismissing the complaint insofar as it is asserted against it.

Ordered that the order is affirmed, with costs.

The plaintiff, a New York City police officer, responded to a burglary call at an Abraham & Strauss store (hereinafter A&S) located in Queens County where he allegedly sustained personal injuries when he fell through an acoustical tile ceiling. The A&S store is part of a shopping complex which also houses an Orbach store, a common mall area, and a parking garage.

The plaintiff contends that the defendant Orbach, Inc. retained sufficient control of the premises to be held liable for his injuries. Under the facts of this case, we find no basis for imposing liability on Orbach, Inc., which did not occupy, own, or control the property where the accident occurred (Balsam v Delma Eng’g Corp., 139 AD2d 292). Consequently, the court correctly granted summary judgment dismissing the complaint as against Orbach, Inc. Eiber, J. P., O’Brien, Copertino and Pizzuto, JJ., concur.

Turner v. Federated Department Stores, Inc., 182 A.D.2d 815, 583 N.Y.S.2d 19, 1992 N.Y. App. Div. LEXIS 6584 (N.Y. Ct. App. 1992).

Pincite

182 A.D.2d 815 (Turner v. Federated Department Stores, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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