NO DESIGN OR STRUCTURAL DEFECT EXISTED
JDP was injured when he fell down an exposed cellar staircase, after the doors were left open, at a property owned by 4221 Broadway Owner LLC, and leased by Tierra Y Mar Restaurant. When a personal injury lawsuit was later filed, the New York County Supreme Court granted the owner’s request for summary judgment in its favor and dismissed the litigation.
On its review of the dispute, the Appellate Division, First Department, noted that an “out-of-possession” owner isn’t typically liable for negligence unless it has a contractual obligation to make repairs, maintain the premises, or “`has a contractual right to reenter, inspect and make needed repairs at the tenant's expense and liability is based on a significant structural or design defect that is contrary to a specific statutory safety provision.’”
In this particular case, since there were no contractual responsibility to maintain or repair the premises, and the incident wasn’t caused by a design or structural defect, the AD1 agreed that there was no legal basis to hold the owner responsible for JDP's injuries and affirmed the underlying determination.
Bet there’s a spring in that owner’s step …..
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DECISION