Practice point: An out-of-possession landlord is not liable
for injuries occurring on the premises unless it has retained control
of the premises, is contractually obligated to perform maintenance and
repairs, or is obligated by statute to perform such maintenance and
repairs.
Student note: Reservation of a right of entry for inspection
and repair may constitute sufficient retention of control to impose
liability for injuries caused by a dangerous condition.
Case: Denermark v. 2587 W. 8th St. Assoc., NY Slip Op 07444 (2d Dept. 2013).
Here is the decision.
Friday's issue: A fall from an unsecured ladder.
