FIGUEROA v. SKILLMAN REALTY CO.

4628, 309801/09.

154 A.D.3d 470 (2017)

61 N.Y.S.3d 476

2017 NY Slip Op 07095

DULCE FIGUEROA, Appellant, v. SKILLMAN REALTY CO., Respondent/Third-Party Plaintiff-Respondent. BROOKS BROTHERS INC. et al., Third-Party Defendants-Respondents, et al., Defendant.

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

Decided October 10, 2017.


Under the terms of the lease, third-party defendant Brooks Brothers had sole responsibility for maintaining the area where plaintiff sustained her injuries. Skillman was an out-of-possession landlord with no obligation to perform repairs, and thus, cannot be liable, since the wet floor that allegedly caused plaintiff to slip and fall was not a significant structural or design defect contrary to a specific statutory safety provision (see Bing v 296 Third Ave. Group, L.P...

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