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VILLARREAL v. CJAM ASSOCIATES, LLC

2013-09100, Index No. 101504/10

125 A.D.3d 644 (2015)

2 N.Y.S.3d 584

ANGELA VILLARREAL, Appellant, v. CJAM ASSOCIATES, LLC, Respondent.

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

Decided February 4, 2015.

Ordered that the order is affirmed, with costs.

An out-of-possession landlord can be held liable for injuries that occur on its premises only if the landlord has retained control over the premises and if the landlord is contractually or statutorily obligated to repair or maintain the premises or has assumed a duty to repair or maintain the premises by virtue of a course of conduct (see Garcia v Town of Babylon Indus...

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