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SMOOT v. RITE AID

11735. 301434/14.

185 A.D.3d 411 (2020)

127 N.Y.S.3d 80

2020 NY Slip Op 03723

Charlene Smoot, Respondent, v. Rite Aid et al., Appellants, et al., Defendants. Rite Aid of New York, Inc., Third-Party Plaintiff-Appellant, v. City of New York, Third-Party Defendant-Respondent. (And Another Third-Party Action.)

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

Decided July 2, 2020.

After disembarking from a New York City Transit Authority bus, plaintiff slipped on snow on the sidewalk in front of a building leased to defendant Rite Aid. Rite Aid is required under its lease with the property owners to maintain the sidewalk, and had entered into a contract with defendant USM to remove snow. Defendants contend that they are not responsible for maintaining the area where plaintiff fell, because maintenance of bus stops is the City's responsibility and because...

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