Kate L. Butler, an Infant, by William C. Butler, Her Parents, Appellants v. Brian F. Rafferty, Respondent…

Summary

The New York Court of Appeals affirmed summary judgment for the defendant, holding that a co‑owner who has surrendered possession and control of the portion of the property where an injury occurred is not liable for the injury. The court based its decision on the parties' agreement creating separate exclusive areas and the lack of the defendant's control or notice of the dangerous condition.