PEREZ v. METROPOLITAN MUSEUM OF ART


304 A.D.2d 481 (2003)

758 N.Y.S.2d 325

ANGEL PEREZ et al., Respondents, v. METROPOLITAN MUSEUM OF ART, Appellant.

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

Decided April 24, 2003.


The agreement under which plaintiff's employer operates the cafeteria where plaintiff fell for defendant museum expressly provides that it creates no landlord-tenant relationship, gives defendant a high degree of control over the cafeteria's operation, and otherwise shows that defendant did not cede exclusive occupancy and control of the cafeteria space to plaintiff's employer. Therefore, defendant remains subject to the property owner's common-law duty to maintain its premises...

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