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JANE C. LINDQUIST v. C & C LANDSCAPE CONTRACTORS, INC.

38 A.D.3d 616 (2007)

831 N.Y.S.2d 523

MARY JANE C. LINDQUIST, Appellant, v. C & C LANDSCAPE CONTRACTORS, INC., et al., Defendants, and GSL ENTERPRISES, INC., Respondent.

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

Decided March 13, 2007.

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant GSL Enterprises, Inc. (hereinafter GSL), is the owner of premises where the plaintiff allegedly was injured when she slipped and fell on ice. In its motion for summary judgment dismissing the complaint insofar as asserted against it, GSL relied on the provisions of a "triple net lease" under which, it argued, it was an out-of-possession landlord not responsible for repairs or maintenance...

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