A landowner owes a duty of care to maintain the property in a reasonably safe condition. However, an out-of-possession landlord is not liable for injuries that occur on its premises unless the landlord has retained control over the premises and has a duty imposed by statute or assumed by contract or a course of conduct. Even if a defendant is considered an out-of-possession landlord who assumed the obligation to make repairs to its property, it cannot be held liable for injuries caused by a defective condition on the property unless it either created the condition or had actual or constructive notice of it.
Bracey v. 107-47 Sutphin, LLC, NY Slip Op 05003 (2d Dep't August 19, 2026)
