Summary
In Bruhns v. Antonelli, 255 AD2d 478 (2nd Dept. 1998), the court concluded that the listing real estate agent who provided access to premises to a broker, who was injured while showing the property, owed no duty of care to the injured broker and could not be held liable for the existence of an allegedly dangerous condition on the property.
Summary of this case from Fabrizi v. Estate of FitchettOpinion
November 23, 1998
Appeal from the Supreme Court, Orange County (Owen, J.).
Ordered that the order is affirmed, with costs.
The injured plaintiff, a licensed real estate broker, was injured on the subject premises while showing the premises to prospective buyers. The injured plaintiff had gained access to the premises from the defendant R. J. Smith Realtors, Inc. (hereinafter the respondent), who was the listing real estate agent for the property. The respondent moved for summary judgment arguing, inter alia, that it owed no duty to the injured plaintiff.
As a general rule, liability for a dangerous condition on property is predicated upon ownership, occupancy, control, or special use ( see, Millman v. Citibank, 216 A.D.2d 278). Upon our review of the record, we find no evidence that would raise an issue of fact as to any of these elements. The respondent owed no duty of care to the injured plaintiff, and may not be held liable for the existence of an allegedly dangerous condition on the property. Thus, the Supreme Court properly granted summary judgment dismissing the complaint insofar as asserted against the respondent.
Mangano, P. J., Joy, Friedmann and Goldstein, JJ., concur.