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LAMOLLY v. MOBILE VETERINARY TENANT UNIT ENTERPRISES

276 A.D.2d 596 (2000)

714 N.Y.S.2d 728

FERNANDO LAMOLLY, Respondent, v. MOBILE VETERINARY TENANT UNIT ENTERPRISES, Respondent, and GLORIA SAUL, as Executor of SEYMOUR SAUL, Deceased, Appellant.

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

Decided October 16, 2000.

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

A defendant in control of real property can be held liable for a hazardous condition created by the accumulation of ice or snow on the premises...

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