AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

SHARI ELBERT, Respondent, v. J.F.V. ENTERPRISE CO. et al., Defendants, and LARWIN DEVELOPMENTS, INC., Appellant.

Ordered that the order and judgment is reversed insofar as appealed from, on the law, with costs, the appellant's cross motion for summary judgment is granted, the complaint is dismissed insofar as asserted against it, and the action against the remaining defendants is severed.

The plaintiff was injured on September 3, 1979, while horseback riding. The appellant demonstrated its prima facie entitlement to judgment as a matter of law by submitting competent evidence that, on the date of the accident, it did not own the property upon which the plaintiff fell. The plaintiff failed to show the existence of a material issue of fact in this respect.

In general, "liability for a dangerous condition on real property must be predicated upon occupancy, ownership, control, or special use of the premises" ( Libby v Waldbaum's Inc., 213 AD2d 457 citing James v Stark, 183 AD2d 873; Balsam v Delma Eng'g Corp., 139 AD2d 292). The plaintiffs evidence was insufficient to establish any issue of fact regarding the possible applicability of any exception to this general rule ( cf., Bittrolff v Ho's Dev. Corp., 77 NY2d 896).

The plaintiff's remaining contention is without merit.

Use AI to get other relevant cases.

Comments

ELBERT v. J.F.V. ENTERPRISE CO
(Dec 16, 1996)