USMAN v. ALEXANDER'S REGO SHOPPING CENTER, INC.


11 A.D.3d 450 (2004)

782 N.Y.S.2d 757

TASQUEEN USMAN et al., Respondents, v. ALEXANDER'S REGO SHOPPING CENTER, INC., Respondent, and CENTRAL PARKING SYSTEMS OF NEW YORK, INC., Doing Business as MEYERS PARKING SYSTEMS, Also Known as EDISON ALLRIGHT, Sued Herein as KINNEY PARKING SYSTEM, INC., Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 4, 2004.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, the complaint and cross claims are dismissed insofar as asserted against the appellant, and the action against the remaining defendant is severed.

"[L]iability for a dangerous or defective condition on [real] property is generally predicated upon ownership, occupancy, control or special use of the property . . . Where none is present, a party cannot be held...

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