ADLEY v. KANSAS FRIED CHICKEN, INC.

10131, 302135/10, 84129/11.

106 A.D.3d 565 (2013)

966 N.Y.S.2d 28

2013 NY Slip Op 3598

TANIA ADLEY et al., Respondents, v. KANSAS FRIED CHICKEN, INC., et al., Appellants/Third-Party Plaintiffs-Appellants, and SNEAKER Q LLC et al., Respondents. LOUIS S. HONG, Third-Party Defendant-Respondent.

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

Decided May 21, 2013.


In this action, plaintiffs seek to recover for injuries allegedly sustained in a slip and fall on an icy condition located on a shoveled pathway in front of premises owned by Kansas and/or Bullard and leased to Hong.

In the absence of any evidence of a duty to remove snow and ice or that Kansas and Bullard, the out-of-possession landlords, were involved in creating the subject pathway in the snow, summary judgment should have been granted in their favor (see Rodriguez...

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