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VELAZQUEZ v. TYLER GRAPHICS, LTD.

214 A.D.2d 489 (1995)

625 N.Y.S.2d 537

George Velazquez, Respondent, v. Tyler Graphics, Ltd., Defendant and Third-Party Plaintiff Respondent-Appellant. DeSalvo and Wayne, Inc., Third-Party Defendant Appellant-Respondent

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

April 27, 1995

Plaintiff, seeking to hold an out-of-possession landlord liable for injuries suffered upon its premises, failed to establish a prima facie case. Generally, an out-of-possession landlord may not be held liable for a third party's injuries on his premises unless he has notice of the defect and has consented to be responsible for maintenance or repair (Manning v New York Tel. Co., 157 A.D.2d 264, 266-269; see also, Worth Distribs...

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