663 N.Y.S.2d 40 | N.Y. App. Div. | 1997
In an action to recover damages for personal injuries, the defendants Getty Oil Company and Power Test Realty Company Limited Partnership appeal from an order of the Supreme Court, Suffolk County (Underwood, J.), dated October 23, 1996, which denied their motion for summary judgment dismissing the complaint insofar as asserted against them.
Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellants, and the action against the remaining defendant is severed.
The plaintiff suffered injuries when he was shot during a robbery at the gasoline station where he was employed. He subsequently commenced this action against Power Test Realty Company Limited Partnership (hereinafter Power Test), the owner and lessor of the premises, Getty Oil Company (hereinafter Getty), the lessee and sublessor of the premises, and J & B Service Center, Inc., his employer and the entity which operated the premises pursuant to sublease and franchise agreements between its principal, John Samoila, and Getty. Power Test and Getty, as out-of-possession landlords, moved for summary judgment dismissing the complaint insofar as asserted against them, and the Supreme Court denied the motion. We reverse.
Summary judgment is also appropriate on the alternative ground that the plaintiff failed to come forward with adequate evidence demonstrating that the appellants reasonably should have foreseen the criminal conduct which injured him (see, Charleen F. v Cord Meyer Dev. Corp., 212 AD2d 572; Provenzano v Roslyn Gardens Tenants Corp., 190 AD2d 718; Hendricks v Kempler, 156 AD2d 425; Tarter v Schildkraut, 151 AD2d 414). Miller, J. P., Florio, McGinity and Luciano, JJ., concur.