Out-of-Possession Landlord Not Responsible for Slip and Fall

July 31, 2011

LVT Number: #23529

Pedestrian sued landlord building owner and its lessee after slipping and falling on a greasy, black substance on the sidewalk in front of landlord's building. The pedestrian injured her wrist when she fell. Landlord claimed that it wasn't responsible and asked the court to dismiss the case without a trial. The court ruled for landlord. Pedestrian appealed and lost. Landlord had rented the entire building to a bank and therefore was out of possession and not responsible for maintaining the sidewalk in front of the building.

Pedestrian sued landlord building owner and its lessee after slipping and falling on a greasy, black substance on the sidewalk in front of landlord's building. The pedestrian injured her wrist when she fell. Landlord claimed that it wasn't responsible and asked the court to dismiss the case without a trial. The court ruled for landlord. Pedestrian appealed and lost. Landlord had rented the entire building to a bank and therefore was out of possession and not responsible for maintaining the sidewalk in front of the building. A trial was needed to determine whether the bank was responsible for the woman's injuries.

Ross v. Betty G. Reader Revocable Trust: 2011 NY Slip Op 05857, 2011 WL 2637453 (App. Div. 1 Dept.; 7/7/11; Friedman, JP, Catterson, Renwick, Abdus-Salaam, J)

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