MOLLETTE v. 111 JOHN REALTY CORP.

Index No. 150844/15. Appeal No. 13905. Case No. 2020-02864.

194 A.D.3d 614 (2021)

2021 NY Slip Op 03282

Edward Mollette, Respondent, v. 111 John Realty Corp., Appellant-Respondent, and 7-Eleven, Inc., Respondent-Appellant.

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

Decided May 25, 2021.


Attorney(s) appearing for the Case

Fleischner Potash LLP, New York ( Kevin J. McArdle of counsel), for appellant-respondent.

Sobel Pevzner, LLC, Huntington ( Nicole Licata-McCord , of counsel), for respondent-appellant.

Paul D. Creinis, L.L.C., Brooklyn ( Paul D. Creinis of counsel), for respondent.

Concur—Renwick, J.P., Webber, González, Scarpulla, JJ.


Plaintiff, a fire inspector for the New York City Fire Department, was injured when he slipped on a staircase leading to the basement of a building owned by John Realty within space leased by 7-Eleven. The court properly denied John Realty's motion for summary judgment because, although it was an out-of-possession landlord and no structural or design defect violating a code is alleged, there is an issue of fact as to whether it...

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