STATUTORY OR CONTRACTUAL DUTY, OR COURSE OF CONDUCT, WAS NEEDED
After she slipped and fell in the parking lot of an "industrial complex" owned by the defendants, AS sued seeking to recover damages for her personal injuries. And when the Suffolk County Supreme Court later granted the defendants’ dismissal request, AS appealed.
On its review, the Appellate Division, Second Department, noted that an “out-of-possession” owner isn’t liable for negligence absent a course of conduct, or some contractual or statutory obligation to make repairs or otherwise maintain the premises.
Since the plaintiff couldn’t show that such a duty existed, the underlying dismissal was affirmed.
Out went those out-of-possession landlords ….
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DECISION