New York Court of Appeals

John Gronski, Appellants v. County of Monroe, Respondent

November 17, 201118 N.Y.3d 374

Summary

The Court of Appeals reversed the Appellate Division and denied the County of Monroe's motion for summary judgment, holding that a genuine issue of fact exists as to whether the County retained sufficient control over the recycling center to owe a duty of care to the plaintiff. The majority emphasized the County's retained supervisory rights and routine inspections, rejecting the out-of-possession landlord analysis. A dissent argued that no evidence shows the County intervened to the point of inducing reliance and would have affirmed summary judgment.