May 13, 2025

Premises liability.

Liability for a dangerous condition on real property must be predicated on ownership, occupancy, control, or special use of the property, any one of which is sufficient to give rise to a duty of care. In the absence of one of these predicates, a party cannot be held liable for injuries caused by the dangerous or defective condition of the property.

Annabi v. BJ's Wholesale Club, Inc., NY Slip Op 02751 (2d Dep't May 7, 2025)

Here is the decision.