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PAPPALARDO v. HEALTH CLUB

279 A.D.2d 134 (2000)

718 N.Y.S.2d 287

MICHAEL R. PAPPALARDO, Appellant, v. NEW YORK HEALTH & RACQUET CLUB et al., Respondents.

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

December 12, 2000.

Attorney(s) appearing for the Case

James M. Lane of counsel (Brian J. Shoot and Diane W. Bando on the brief; Schneider Kleinick Weitz Damashek & Shoot, attorneys), for appellant.

Barry Jacobs of counsel (Thurm & Heller, L. L. P., attorneys), for New York Health & Racquet Club, respondent.

Edward Owen of counsel (Turner & Owen, attorneys), for Pan Am Equities, Inc. and another, respondents.

TOM and ANDRIAS, JJ., concur with NARDELLI, J. P.; MAZZARELLI and BUCKLEY, JJ., concur in part and dissent in part in a separate opinion by MAZZARELLI, J.

OPINION OF THE COURT

NARDELLI, J. P.

In this appeal, we are called upon to determine whether a property owner and/or a lessee may be held liable in negligence for a purported defect in the demised premises in light of the somewhat unique circumstances of this case.

Defendant The New York Health & Racquet Club (HRC) is the lessee of the basement, first, second and third floors in the building designated as 24 East 13th Street, New York, New York...

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