Practice point: The Appellate Division found that the out-of-possession landlord was
entitled to summary judgment where the plaintiff fell through an open
trap door in the tenant's store. Even though the landlord reserved the
right to reenter the leased premises for purposes of inspection and
repair, the properly functioning trap door that was left open by someone
within the tenant's control did not constitute a significant
structural or design defect, and plaintiff failed to show a violation of a specific
statutory provision, as required to impose liability upon the
out-of-possession landlord.
Student note: A general non-specific safety provision such as
Administrative Code of City of NY § 28-301.1 is insufficient to impose
liability on an out-of-possession owner.
Case: Yuying Qiu v J & J Deli Corp., NY Slip Op 02150 (1st Dept. 2014).
Here is the decision.
Tomorrow's issue: The common-interest privilege.
