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FONTECCHIO v. BRONX 656 FOOD CORP.

4182. 307558/12.

151 A.D.3d 458 (2017)

2017 NY Slip Op 04402

56 N.Y.S.3d 86

RAFAELA FONTECCHIO, Respondent, v. BRONX 656 FOOD CORP., et al., Appellants, and JOHN CATSIMATIDIS et al., Respondents.

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

Decided June 6, 2017.

The lease between Fine Fare and the owner of the shopping center does not explicitly state that Fine Fare was responsible for maintaining the parking lot in which plaintiff alleges she was injured after stepping into a hole. However, it does make Fine Fare responsible for "appurtenances" to the demised premises (see Second on Second Café, Inc. v Hing Sing Trading, Inc., 66 A.D.3d 255, 267 [1st Dept 2009]). On this record, an...

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