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Summary Judgment Properly Granted to Out-of-Possession Landlord—Injury Caused by Defect in Floor

The Second Department affirmed the grant of summary judgment to an out-of-possession landlord (Hudson).  Plaintiff alleged a defect in a concrete floor caused his injury.  The Second Department wrote:

An out-of-possession landlord is not liable for injuries caused by dangerous conditions on leased premises in the absence of a statute imposing liability, a contractual provision placing the duty to repair on the landlord, or a course of conduct by the landlord giving rise to a duty … .

Here, the Hudson defendants established their prima facie entitlement to judgment as a matter of law by demonstrating that the code provisions relied upon by the plaintiff do not constitute statutes imposing liability, that the lease placed the responsibility to repair the floor defect on Kawasaki, and that the Hudson defendants did not, through a course of conduct, assume any duty to repair the alleged defect in the floor… . Volpe v Hudson View Assoc, LLC, 2013 NY slip Op 05814, 2nd Dept 9-11-13

 

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