SHADLICH v. RONGRANT ASSOCIATES, LLC

2008-08378.

66 A.D.3d 759 (2009)

887 N.Y.S.2d 228

2009 NY Slip Op 7394

EMIL SHADLICH et al., Respondents, v. RONGRANT ASSOCIATES, LLC, Respondent, and RITE AID OF NEW YORK, INC., Appellant.

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

Decided October 13, 2009.


Ordered that the order is affirmed, with costs.

On its motion for summary judgment, the defendant Rite Aid of New York, Inc. (hereinafter Rite Aid), argued that it had no duty to maintain the area where the plaintiff's decedent allegedly tripped and fell, relying upon a provision in its lease with the defendant Rongrant Associates, LLC, obligating it to maintain "the sidewalk" in front of the leased premises. However, that provision is ambiguous as to whether Rite...

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