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MATIAS v. WEST 16TH REALTY LLC

Index No. 156142/15. Appeal No. 12668. Case No. 2019-5271.

189 A.D.3d 681 (2020)

139 N.Y.S.3d 161

2020 NY Slip Op 08000

Jose Matias, Respondent, v. West 16th Realty LLC, Appellant, and Grey Dog Chelsea Inc., Doing Business as The Grey Dog Restaurant, Respondent.

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

Decided December 29, 2020.

Attorney(s) appearing for the Case

Farber Brocks & Zane L.L.P., Garden City ( Lester Lee Chanin of counsel), for appellant.

Pollack, Pollack, Isaac & DeCicco, LLP, New York ( Christopher Soverow of counsel), for Jose Matias, respondent.

McManus Ateshoglou Aiello & Apostolakos PLLC, New York ( Joshua S. Talcovitz of counsel), for Grey Dog Chelsea Inc., respondent.

Concur—Manzanet-Daniels, J.P., Gesmer, Kern, Oing, Moulton, JJ.

Plaintiff, who was employed by a nonparty linen company, alleges that he was injured on the premises owned by defendant West 16th Realty and leased to Grey Dog Chelsea Inc. d/b/a The Grey Dog Restaurant, while he was climbing up the stairs from the restaurant's cellar to the sidewalk and one of the cellar doors that he had opened to gain access to the cellar closed and struck him on the head.

It is well established that an out-of-possession landlord like West 16th...

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