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TAUBENFELD v. STARBUCKS CORPORATION

48 A.D.3d 310 (2008)

851 N.Y.S.2d 512

FLORENCE TAUBENFELD et al., Appellants-Respondents, v. STARBUCKS CORPORATION, Respondent-Appellant, and PARK PLAZA LARCHMONT, LLC, et al., Respondents.

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

Decided February 21, 2008.

While the lease between Park Plaza and Starbucks required the former to maintain the sidewalk and "landscaping," and assuming in plaintiffs' favor that the tree well in which the injured plaintiff tripped and fell is part of the sidewalk and/or landscape, the lease could not create a duty to the public that did not otherwise exist, and neither Park Plaza nor Starbucks owed a duty to the...

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