Mosca v. Lalezarian Properties, LLC

Summary

The New York Appellate Division, Second Department, affirmed an order granting Lalezarian Properties, LLC leave to reargue and, upon reargument, summary judgment dismissing the plaintiff’s personal-injury claims against it. The court held that Lalezarian established that it did not own, manage, operate, control, or maintain the property where the plaintiff slipped on black ice, and the plaintiff failed to raise a triable issue of fact.

Holdings

1. The Supreme Court properly granted Lalezarian leave to reargue because reargument may be granted when the prior court overlooked or misapprehended facts or law or otherwise mistakenly reached its earlier decision.
2. Lalezarian was entitled to summary judgment dismissing the amended complaint against it because it established that it did not own the property where the accident occurred, and Mosca failed to raise a triable issue of fact.

Questions Presented

1. Whether the Supreme Court properly granted Lalezarian leave to reargue its prior summary judgment motion.
2. Whether Lalezarian was entitled to summary judgment dismissing the amended complaint because it did not own the property where Mosca's accident occurred.

Disposition

affirmed