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SOTO v. MICHAEL'S NEW YORK, INC.

282 A.D.2d 300 (2001)

723 N.Y.S.2d 454

FLOR A. SOTO, Respondent, v. MICHAEL'S NEW YORK, INC., et al., Appellants, et al., Defendant.

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

Decided April 17, 2001.

The record establishes that it was defendant landlord 17 and 24 Corporation's duty to maintain the stairwell in the service entrance, and that all the building tenants had access to that entrance for deliveries and other services. Defendant Michael's, a tenant, had no duty to maintain the stairwell and therefore cannot be held liable for plaintiff's injuries resulting from his fall on the stairs (see, Balsam v Delma Eng'g Corp., 139 A.D.2d 292

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