January 14, 2014

Liabillity of a commercial lessee.

Practice point:  The lessee of a condominium's commercial unit has no duty to maintain stairs that are part of the common elements but not part of its leased premises.

Student note:  Where, as here, the tenant-defendant had no duty to maintain the sidewalk on which the plaintiff allegedly fell, there was no need to address the issue of whether it had constructive notice of a dangerous condition.

Case:  Vivas v. VNO Bruckner Plaza LLC, NY Slip Op 00064 (1st Dept. 2014).

Here is the decision.

Tomorrow's issue: Libel per se and slander per se.