SYRKO v. JERTOM INC.

1414, 302168/12.

140 A.D.3d 473 (2016)

31 N.Y.S.3d 878

2016 NY Slip Op 04448

JERRY MICHAEL SYRKO, Plaintiff, v. JERTOM INCORPORATED, Doing Business as TOM & JERRY'S BAR AND GRILL, Appellant, and BREWSTER PLAZA, LLC, et al., Respondents, et al., Defendants.

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

Decided June 9, 2016.


Defendant Brewster Plaza, the owner of premises leased by defendant Jertom Incorporated and operated as a bar and restaurant, established prima facie that it was not responsible for repairing the leak in the window that Jertom claims was the source of the pool of water in which plaintiff allegedly slipped. The lease between Brewster Plaza and Jertom provides that Brewster Plaza is responsible only for structural repairs, the definition of which does not include windows. Nor...

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