SCIAMMARELLA v. MANORVILLE POSTAL ASSOCIATES

2010-03248.

87 A.D.3d 530 (2011)

927 N.Y.S.2d 798

2011 NY Slip Op 6122

TONI SCIAMMARELLA et al., Appellants, v. MANORVILLE POSTAL ASSOCIATES, Respondent.

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

Decided August 2, 2011.


Ordered that the order is affirmed, with costs.

The plaintiff Toni Sciammarella, then an employee of the United States Postal Service (hereinafter the Postal Service), allegedly sustained injuries when she fell after stepping into a hole in the parking lot of the premises leased to the Postal Service by the defendant.

"An out-of-possession landlord may not be held liable for injuries occurring on its premises unless it is contractually obligated to perform...

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