Partner John B. Saville Successfully Dismisses Claims Against Out of Possession Landlord

Partner John B. Saville, Esq. successfully moved to dismiss all claims against a commercial property owner that were filed by an employee of a bus company that leased the subject premises from John’s client. The plaintiff alleged that he slipped and fell due to an icy condition on the premises and that he was required to undergo surgery on his wrist, and possible future shoulder surgery due to the property owner’s negligence in maintaining the property. The Court held that the corporate property owner was “out-of-possession” and not liable for the plaintiff’s alleged injuries, since it did not retain control over the premises, and had no duty to maintain the premises. The Court rejected the plaintiff’s argument that the property owner was the alter ego of the lessee bus company and found the plaintiff’s argument in opposition was insufficient to raise a triable issue of fact necessary to defeat the motion.


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