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IRIZARRY v. 15 MOSHOLU FOUR, LLC

24 A.D.3d 373 (2005)

806 N.Y.S.2d 534

CARMEN IRIZARRY, Appellant, v. 15 MOSHOLU FOUR, LLC, et al., Respondents.

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

December 29, 2005.

It is settled law that a landowner is under a duty to maintain its property in a reasonably safe condition in view of all the circumstances, including the likelihood of injury to others, the seriousness of the injury, and the burden of avoiding the risk (Basso v. Miller, 40 N.Y.2d 233, 241 [1976]). However, as a prerequisite for recovering damages, a plaintiff must establish that the landlord created or had either actual or constructive...

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