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MYERS-SKINNER v. CITY OF NEW YORK

6587, 6588, 15138/05, 18528/06

91 A.D.3d 527 (2012)

936 N.Y.S.2d 545

2012 NY Slip Op 304

JACQUELINE MYERS-SKINNER, Plaintiff, v. CITY OF NEW YORK et al., Defendants. 4201 WEBSTER CORP., Third-Party Plaintiff-Respondent, v. EXXONMOBIL OIL CORPORATION, Third-Party Defendant-Appellant.

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

Decided January 19, 2012.

Under the terms of the applicable lease, lessee ExxonMobil owed lessor 4201 Webster no duty to maintain the sidewalk where plaintiff fell (cf. Collado v Cruz, 81 A.D.3d 542 [2011]), and the record refutes 4201 Webster's argument that it was physically excluded from the property. The sidewalk where plaintiff fell was not under ExxonMobil's control. Any lease obligation to maintain it was not in effect insofar as the parties were still...

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