MALLOY v. FRIEDLAND

3483, 105290/07.

77 A.D.3d 583 (2010)

JOHN MALLOY, Appellant, v. MELVIN FRIEDLAND et al., Respondents, et al., Defendant.

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

Decided October 28, 2010.


Plaintiff asserts he was injured in 2007 when he fell into a trapdoor opening while shopping at Hamilton Heights Deli on Manhattan's upper west side. According to the record, the trapdoor had been left open by one of the tenant's employees.

It is well settled that "[a] landlord is not generally liable for negligence with respect to the condition of property after its transfer of possession and control to a tenant unless the landlord is either contractually obligated...

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