DELGIUDICE, III v. PAPANICOLAOU


5 A.D.3d 236 (2004)

773 N.Y.S.2d 282

JOSEPH P. DELGIUDICE, III, et al., Respondents, v. HARRY PAPANICOLAOU, Appellant, and VJ's EXPRESS DELI, INC., Respondent, et al., Defendants. (And a Third-Party Action.)

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

March 18, 2004.


This was a slip and fall on ice in front of premises leased by VJ's Express Deli from Harry Papanicolaou. Appellant contends that as an out-of-possession landlord, he was not obliged to remove ice from a walkway (see Bennett v Berger, 283 A.D.2d 374 [2001]). However, the authorities relied upon by appellant involved snow or ice that accumulated naturally as a result of precipitation. The rule does not apply where the landlord has...

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