Liability for a dangerous condition on real property must be predicated upon ownership, occupancy, control, or special use of the property, and any one of these elements gives rise to a duty of care. However, liability can also be imposed upon a party that creates a dangerous or defective condition.
Abramson v. Janowski's Hamburgers, Inc., NY Slip Op 02293 (2d Dep't May 3, 2023)
