Appellate Division ruled that the granting of leave to renew was an improvident exercise of discretion. Although law office failure my be an excuse, mere neglect is unacceptable. Summary judgment reinstated on appeal. Appellate division affirmed summary judgment in favor of Defendants by ruling that an out of possession landlord is not liable for injuries to store employee during a robbery despite retaining the right to enter the premises for inspections and repairs. Appellate Division reverses lower court's denial of Defendant's summary judgment motion and dismisses the action.
Court rules that there was no proof of vicious propensities of the dog.
Plaintiff tripped over rolled up carpet inside of Defendant's store. Appellate Division affirmed summary judgment in favor of Defendant and found no questions of fact regarding either creation of the condition or notice of same. Marstan Pizza Corp. et al. Plaintiff tripped over rolled up runner inside of Defendant's store. The Appellate Division reversed the lower court's denial of Defendant's summary judgment motion and held that the case should be dismissed based upon the expert's opinions being speculative and conclusory.