Salazar v Carol Joy Family Props., LLC

Holding The court affirmed the dismissal of the complaint against the defendant mortgagee because it established that it was an out-of-possession mortgagee that did not own, possess, or control the property. Consequently, the defendant did not owe a duty of care to the plaintiff for the dangerous condition on the sidewalk.

The court’s words

liability for a dangerous or defective condition on real property must be predicated upon ownership, occupancy, control, or special use of that property

2026 NY Slip Op 05985, at the official text

the defendant established, prima facie, that it was an out-of-possession mortgagee that did not owe a duty to the plaintiff

2026 NY Slip Op 05985, at the official text

the mere hope or speculation that evidence sufficient to defeat a motion for summary judgment may be uncovered during the discovery process is an insufficient basis for denying the motion

2026 NY Slip Op 05985, at the official text