Plaintiff Who Fell down Steps at Florist Shows Possible Building Code Violation; Summary Judgment Denied to Out-of-Possession Landlord

Case: Madry v. Heritage Holding Corp.

Court: Supreme Court, Appellate Division, Second Department, New York

Date: 6/27/12

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn and Queens; Queens injury lawyer)

**************************************************

RELATED POSTS:

OUT-OF-POSSESSION LANDLORD NOT RESPONSIBLE FOR STAIRWAY ACCIDENT WHERE PLAINTIFF CAN'T SHOW "STRUCTURAL" DEFECT

CASE DISMISSED ON SUMMARY JUDGMENT FOR NO NOTICE; PLAINTIFF SUFFERED ELECTRIC SHOCK WALKING INTO STORE

**************************************************

Facts: This trip-and-fall accident happened in a florist shop. Tricky in premises liability cases is when an accident victim tries to sue an "out-of-possession" landlord. Basically, why should a landlord be held liable if it's not there or not running the shop? Specific rules apply for an out-of-possession landlord to be held in this case.

Here, this out-of-possession landlord asks the court for summary judgment dismissing the case against it.

This accident occurred when plaintiff supposedly fell down steps at a florist. Even though plaintiff couldn't say exactly why she fell, her expert identified a defect and raised issues of fact as to whether the steps violated the N.Y.C. Building Code.

Held: Defense summary judgment motion denied. Also, the accident victim's cross-motion for summary judgment is denied. This case goes to trial.

Categories