There was no evidence that defendant owner 35 Park Avenue had notice of the alleged hazard, a wet area in the vestibule of its premises. Moreover, as an out-of-possession landlord, 35 Park Avenue was not, even with a right of reentry, responsible for remediating the nonstructural hazard at issue (see McDonald v. Riverbay Corp.,
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BALLETA v. 35 PARK AVENUE CORP.
26 A.D.3d 195 (2006)
808 N.Y.S.2d 895
PARIS BALLETA, Appellant, v. 35 PARK AVENUE CORP., Respondent, et al., Defendants.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
February 9, 2006.
February 9, 2006.
Appellate Division of the Supreme Court of the State of New York, First Department.
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