Practice point: In a suit involving leased commercial property, defendant cannot be liable for plaintiff’s injuries absent evidence that defendant occupied, controlled or was responsible for maintaining the area where plaintiff fell.
Practitioners should note that defendant owed no duty to plaintiff to maintain the area outside the boundaries described in the lease.
Case: Kaplan v. New York Mercantile Exch., NY Slip Op 07964 (1st Dept. 2008)
The opinion is here.
