DEVLIN v. BLAGGARDS III RESTAURANT CORP.

4067, 113986/07, 4067A.

80 A.D.3d 497 (2011)

NORA TERESA DEVLIN et al., Respondents, v. BLAGGARDS III RESTAURANT CORP., Doing Business as BLAGGARDS PUB, et al., Respondents, and FRAGLOW REALTY LLC, Appellant.

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

Decided January 18, 2011.


Plaintiff, an employee of Blaggards, sustained injuries when she slipped on a wet bathroom floor allegedly caused by a leaking air conditioning vent. Plaintiff claimed that Blaggards' owner and the building's owner, Fraglow, were aware of the defective condition several weeks before her accident, since the subject vent was inspected by Blaggards' owner and the building's superintendent.

As an out-of-possession owner, Fraglow had no obligation to perform repairs. Although...

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