Summary
noting that liability for condition ceased upon conveyance of the property in question
Summary of this case from Beck v. Consolidated Rail Corp.Opinion
May 26, 1992
Appeal from the Supreme Court, Nassau County (Collins, J.).
Ordered that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.
The plaintiff sustained personal injuries when he allegedly tripped over the cover of a traffic control box which was not level with the surrounding grade. It is well established that the imposition of liability for a dangerous condition on property must be predicated upon occupancy, ownership, control, or special use of the premises (see, Balsam v. Delma Eng'g Corp., 139 A.D.2d 292, 296). Survey records and the testimony of the plaintiff Frank H. James establish that the site of the plaintiff's accident was outside the defendant Stark's property line. The record also establishes that the County of Nassau, which conducted monthly inspections and which undertook post-accident repair work so as to eliminate the defect which allegedly caused the plaintiff's injuries, exercised control over the site (see, Scudero v. Campbell, 288 N.Y. 328). We further note that any liability of J.G.K. Properties for the existence of a dangerous condition on the real property conveyed to Stark ceased upon the transfer (see, Kilmer v. White, 254 N.Y. 64; Merrick v. Murphy, 83 Misc.2d 39).
In view of the foregoing, there exists no triable issue of fact warranting denial of summary judgment (see, Sillman v. Twentieth Century-Fox Film Corp., 3 N.Y.2d 395; Sherman v. Town of Rhinebeck, 133 A.D.2d 77). Mangano, P.J., Sullivan, Harwood and O'Brien, JJ., concur.