CATERING COMPANY DIDN’T OWN, OCCUPY, CONTROL, OR ENGAGE IN SPECIAL USE
After JE was injured at a wedding reception, catered by Lessing’s, Inc., at building owner by Suffolk County, the man and his spouse brought a personal injury case in Suffolk County Supreme Court seeking damages. (Apparently, JE claimed he slipped on a step and that his fall was due (among other things) to inadequate lighting.)
But when the judge assigned to the matter granted Lessing’s request to dismiss the claims that had been filed against the catering company, an appeal to the Appellate Division, Second Department, ensued.
In its decision, the AD2 noted that liability for perilous property related conditions “must be predicated upon ownership, occupancy, control, or special use of the property.” And since none of those elements applied here, the appellate court was of the view that dismissal was appropriate, particularly since Lessing's wasn’t alleged to have been responsible for the condition in question.
Bet Lessing's was more than pleased ….
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DECISION