ROTHSTEIN v. 400 EAST 54TH STREET COMPANY


51 A.D.3d 431 (2008)

857 N.Y.S.2d 100

MARTIN ROTHSTEIN, Respondent-Appellant, v. 400 EAST 54TH STREET COMPANY et al., Appellants-Respondents, and STARBUCKS COFFEE COMPANY et al., Respondents-Respondents, et al., Defendant.

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

Decided May 1, 2008.


Plaintiff was injured when, while descending stairs outside the Starbucks' premises located in a condominium building owned by defendant 400 East 54th Street Co., he slipped and fell on an icy condition. Starbucks leased the premises from Berkeley, and there was a 10-foot-wide plaza area between the entrance to Starbucks and the stairs leading to the sidewalk.

The court properly granted summary judgment in favor of Berkeley because as unit owner of the premises, it...

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