Majority
The plaintiff allegedly was injured when he fell on an icy sidewalk at night after exiting a building owned by the defendant and leased to the plaintiff’s employer, a retail furniture store. The plaintiff commenced this action against the defendant, alleging that it was negligent in failing to remove snow and ice from the sidewalk and in failing to provide adequate exterior lighting. The defendant moved for summary judgment dismissing the complaint. The Supreme Court denied the motion. The defendant appeals, and we reverse.
“An out-of-possession landlord’s duty to repair a dangerous condition on leased premises is imposed by statute or regulation, by contract, or by a course of conduct” (Mercer v Hellas Glass Works Corp., 87 AD3d 987 , 988 [2011]; see Rivera v Nelson Realty, LLC, 7 NY3d 530 , 534 [2006]; Chapman v Silber, 97 NY2d 9 , 19-20 [2001]; Juarez v Wavecrest Mgt. Team, 88 NY2d 628 , 642 [1996]; Alnashmi v Certified Analytical Group, Inc., 89 AD3d 10 [2011]). Here, the plaintiff does not premise liability on a violation of a statute or regulation and, instead, bases his claim on the common law. The defendant made a prima facie showing of its entitlement to judgment as a matter of law by demonstrating that it was an out-of-possession landlord, that
Cases cited
- Mercer v. Hellas Glass Works Corp. 87 AD3d 987 at 988 p. 913
- Chapman v. Silber 97 NY2d 9 at 19-20 p. 913
- Juarez v. Wavecrest Management Team Ltd. 88 NY2d 628 at 642 p. 913
- Alnashmi v. Certified Analytical Group, Inc. 89 AD3d 10 p. 913
- Euvino v. Loconti 67 AD3d 629 at 631 p. 914
- Zuckerman v. City of New York 49 NY2d 557 p. 914