You are here: / / LEASE WITH PLAINTIFF’S EMPLOYER DID NOT REQUIRE LANDLORD TO MAINTAIN...
,

LEASE WITH PLAINTIFF’S EMPLOYER DID NOT REQUIRE LANDLORD TO MAINTAIN THE YARD OUTSIDE THE BUILDING, PLAINTIFF WAS INJURED WHEN HE STEPPED INTO A HOLE DUG BY PLAINTIFF’S EMPLOYER IN THE YARD, LANDLORD’S MOTION FOR SUMMARY JUDGMENT PROPERLY GRANTED (FIRST DEPT).

image_pdfPDF Friendly Versionimage_printPrint Friendly Version

The First Department determined the defendant landlord’s motion for summary judgment was properly granted in this personal injury action. The property was leased to plaintiff’s employer. Plaintiff’s employer was doing construction work in the yard outside the building. Plaintiff fell into a hole dug by his employer in the yard. The lease imposed repair responsibilities on the landlord for the building only, not the yard:

​

The subject lease provided that defendant “shall maintain and repair the public portions of the building, both interior and exterior [and that]. . .[t]enant shall, throughout the term of this lease, take good care of the demised premises. . .and at its sole cost and expense, make all non-structural repairs. . .when needed to preserve them in good working order and condition.” Here, testimony established that the accident did not occur in a public portion of the building, but rather in the backyard that was exclusively controlled by plaintiff’s employer, thereby not implicating an area that defendant had retained the responsibility to maintain … . Similarly, the evidence demonstrated that, in actual practice, defendant did nothing to show that it had the authority to maintain or repair the accident premises … .

Furthermore, although the lease states that defendant had the right to reenter the premises to make repairs, plaintiff has failed to show that defendant violated a specific statutory safety provision, or that the hole in which he stepped was a structural defect … .

Plaintiff’s reference to an OSHA provision that was allegedly violated by defendant is unavailing, because defendant was not plaintiff’s employer … . Martinez v 3801 Equity Co., LLC, 2017 NY Slip Op 07938, First Dept 11-14-17

 

NEGLIGENCE (LANDLORD-TENANT, LEASE WITH PLAINTIFF’S EMPLOYER DID NOT REQUIRE LANDLORD TO MAINTAIN THE YARD OUTSIDE THE BUILDING, PLAINTIFF WAS INJURED WHEN HE STEPPED INTO A HOLE DUG BY PLAINTIFF’S EMPLOYER IN THE YARD, LANDLORD’S MOTION FOR SUMMARY JUDGMENT PROPERLY GRANTED (FIRST DEPT))/LANDLORD-TENANT (NEGLIGENCE, LEASE WITH PLAINTIFF’S EMPLOYER DID NOT REQUIRE LANDLORD TO MAINTAIN THE YARD OUTSIDE THE BUILDING, PLAINTIFF WAS INJURED WHEN HE STEPPED INTO A HOLE DUG BY PLAINTIFF’S EMPLOYER IN THE YARD, LANDLORD’S MOTION FOR SUMMARY JUDGMENT PROPERLY GRANTED (FIRST DEPT))

/by
You might also like
THE EVIDENCE DEFENDANT USED A PEN TO PUNCTURE THE CHEEK OF THE VICTIM CONSTITUTED EVIDENCE THE DEFENDANT USED A DANGEROUS INSTRUMENT IN THIS ASSAULT SECOND CASE, THE DEFENDANT WAS NOT ENTITLED TO A JURY INSTRUCTION ON THE ORDINARY-NONDEADLY-FORCE JUSTIFICATION DEFENSE (FIRST DEPT).
DEFENSE COUNSEL’S FAILURE TO REQUEST A JURY INSTRUCTION ON THE CORRECT LESSER INCLUDED OFFENSE CONSTITUTED INEFFECTIVE ASSISTANCE, PETIT LARCENY IS A LESSER INCLUDED OFFENSE OF ROBBERY THIRD, NEW TRIAL ORDERED (FIRST DEPT).
First Degree Burglary Conviction Upheld Even though the Residential Portion of the Building Was Not Accessible from the Basement of the First-Floor Store Where the Defendant Entered the Building
INFORMATION ALLEGED BY THE DEFENDANTS TO HAVE REVEALED FRAUD IN THE SALE OF CREDIT DEFAULT OBLIGATIONS AT A TIME WHICH RENDERED THE CURRENT FRAUDULENT MISREPRESENTATION ACTION TIME-BARRED WAS NOT SUFFICIENT TO WARRANT A DISMISSAL AT THE PLEADING STAGE.
LANDLORD’S FAILURE TO PROCURE TOWN RENTAL PERMIT IS NOT A DEFENSE TO THE LANDLORD’S ACTION TO COLLECT RENT.
Question of Fact Whether Elevator Company Had Constructive Notice of “Misleveling Condition”/Question of Fact About Applicability of Res Ipsa Loquitur Doctrine
A CORPORATION DOES NOT OWE A FIDUCIARY DUTY TO ITS MEMBERS OR SHAREHOLDERS (FIRST DEPT).
Role of Appellate Court in Reviewing an Arbitral Award Which Has Been Confirmed in a Judgment Explained

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

Copyright © 2020 New York Appellate Digest, LLC
Site by CurlyHost | Privacy Policy

ALTHOUGH DEFENDANT’S TRUCK WAS IN THE WRONG LANE, THE POSITION OF THE... LANDLORD DID NOT HAVE A DUTY TO INSULATE A PIPE BECAUSE IT WAS PART OF THE HEATING...