Out-of-Possession Landlord Archives

January 13, 2017 by mjpospis

Landlord Not Entitled to Summary Judgment in Trip-and-Fall Case

In Ledesma v. AMA Grocery, Corp., 42 N.Y.S.3d 157, 158 (N.Y. App. Div. 1st Dept. Dec. 6, 2016), a personal injury trip-and-fall case, the court affirmed the denial of summary judgment to the landlord/defendant. In this case, plaintiff alleged that they sustained injuries when they fell on a raised metal strip at the edge of…

Lease Not Dispositive in Lincoln Center Slip/Fall Case

In Saffaf v Lincoln Ctr. for the Performing Arts, 2016 NY Slip Op 30312(U) (Sup Ct NY Cty Feb. 23, 2016), plaintiff alleged that he was injured while inside the Metropolitan Opera House (leased from owner Lincoln Center for the Performing Arts) when he slipped and fell when descending stairs located on the orchestral level. Lincoln…

Cellar Door Personal Injury Case Continues; Defendant Failed to Establish That it Was an Out-of-Possession Landlord

In Elsayed v. Al Farha Corp., 2015 NY Slip Op 07813, 132 AD3d 942 (App. Div. 2nd Dept. Oct. 28, 2015), the Second Department affirmed the denial of defendant’s motion for summary judgment. Plaintiff alleged that he fell into opened sidewalk cellar doors of a building owned by defendant T&T Steinway, LLC, from which defendant tenant…