HERNANDEZ v. 34 DOWNING OWNERS CORP.

3456, 156644/12.

148 A.D.3d 554 (2017)

2017 NY Slip Op 01999

48 N.Y.S.3d 898

MARIA DEL CARMEN HERNANDEZ, Respondent, v. 34 DOWNING OWNERS CORP., Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 21, 2017.


Summary judgment was properly denied in this action where plaintiff was injured when a door to the cellar of the restaurant at which she worked, which was located in the sidewalk abutting the building, swung shut and struck her on the head. Pursuant to its lease with nonparty Manhattan Mansions, which leased the commercial area of the building, defendant remained obligated to maintain and repair the cellar stairs and sidewalk. Although an out-of-possession landlord contractually...

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