LEDESMA v. AMA GROCERY, CORP.

2412, 303152/13.

145 A.D.3d 477 (2016)

2016 NY Slip Op 08187

42 N.Y.S.3d 157

LAURA LEDESMA, Respondent, v. AMA GROCERY, CORP., et al., Defendants, and KPV REALTY, LLC, et al., Appellants. (And a Third-Party Action.).

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

Decided December 6, 2016.


Defendants-appellants argue that they were out-of-possession landlords who were not responsible to maintain the area where plaintiff fell on a raised metal strip at the edge of a step at the entrance to the tenant's deli/grocery.

An out-of-possession landlord is generally not liable for negligence with respect to the condition of property after transfer of possession and control to the tenant unless the landlord "(1) is contractually obligated to make repairs or maintain...

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