Wednesday, June 15, 2016

An owner's liability for a fall in a lessee's bar.

Practice point:  The Appellate Division affirmed dismissal of the complaint as against the owner which established prima facie that it was not responsible for repairing the leak in the window that the lessee claims was the source of the pool of water in which plaintiff allegedly slipped. The lease provides that the owner is responsible only for structural repairs, the definition of which does not include windows. Nor did the lessee identify any significant structural or design defect that was contrary to a specific statutory safety provision.

Student note:  As the owner owed no duty to plaintiff to repair the window, whether it had actual or constructive notice of the leak is immaterial.

Case:  Syrko v. Jertom Inc., NY Slip Op 04448 (1st Dep't June 9, 2016)

Here is the decision.

Tomorrow's issue:  Vacating a default judgment.