LEWIS v. SEARS, ROEBUCK AND CO.


35 A.D.3d 273 (2006)

826 N.Y.S.2d 243

ROGER LEWIS, Respondent, v. SEARS, ROEBUCK AND CO., Respondent-Appellant, and BROOK SHOPPING CENTERS, INC., Appellant-Respondent.

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

Decided December 19, 2006.


Plaintiff allegedly tripped on a raised portion of a sidewalk that abutted Sears' store and was part of Sears' leasehold in the shopping center. Under section 29 of the lease, landlord Brook was obligated to maintain the common areas of the shopping center, including sidewalks. However, certain sidewalks were included within the tenant's leased space. It is beyond dispute that the sidewalk where this accident took place was identified on the site plan as within the area leased...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases