Thursday, March 3, 2016

Out-of-possession landlords.

Practice point:  The Appellate Division affirmed denial of defendants' motion to dismiss the complaint as to them in this action for personal injuries allegedly sustained by plaintiff when she was caused to fall in the bathroom of her apartment due to tiles falling off the wall.  The Appellate Division found that defendants failed to make a prima facie showing that they were out-of-possession landlords who ceded possession and control to the co-defendant, as they leased individual apartments to the co-defendant pursuant to individual leases; the lease to plaintiff's unit limited the repair obligations that were the co-defendant's responsibility and prohibited it from making any alterations; and defendants employed a live-in superintendent in the building.

Student note:  In any event, defendants' contention that they are out-of-possession landlords with no duty to repair the allegedly dangerous condition is unpreserved since it is raised for the first time on appeal.

Case:  Rios v. 1146 Ogden LLC, NY Slip Op 01420 (1st Dep't 2016)

Here is the decision.

Tomorrow's issue:  Labor Law § 200 and liability for injuries arising from the manner in which the work is performed.