A landowner owes a duty of care to maintain its property in a reasonably safe condition. The duty is premised on the landowner's exercise of control over the property, as the person in possession and control of a property is best able to identify and prevent any harm to others. A landowner who has transferred possession and control is generally not liable for injuries caused by dangerous conditions on the property. However, an out-of-possession landlord may be liable for injuries occurring on the premises if 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.
Yongxi Li v. Pei Xing Huang, NY Slip Op 07432 (2d Dep't December 31, 2025)
