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KAPLAN v. NEW YORK MERCANTILE EXCHANGE

55 A.D.3d 406 (2008)

864 N.Y.S.2d 915

MYRTLE KAPLAN, Appellant, v. NEW YORK MERCANTILE EXCHANGE, Respondent.

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

October 21, 2008.

Defendant leased commercial property from Battery Park City. Defendant owed no duty to plaintiff to maintain the area outside the boundaries described in the lease. Absent evidence that defendant occupied, controlled or was responsible for maintaining the area where plaintiff fell, it cannot be liable for plaintiff's injuries (see Richardson v Lenox Terrace Dev. Assoc., 41 A.D.3d 108, 109 [2007]; Gibbs v Port Auth. of N.Y.,

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