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CUELLO v. 708 TREMONT REALTY, LLC

Index No. 31934/17E. Appeal No. 14718. Case No. 2021-01989.

199 A.D.3d 604 (2021)

158 N.Y.S.3d 91

2021 NY Slip Op 06649

Jensil Cuello, Appellant, v. 708 Tremont Realty, LLC, et al., Respondents.

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

Decided November 30, 2021.

Attorney(s) appearing for the Case

The Sullivan Law Firm, New York ( James A. Domini of counsel), for appellant.

The Chartwell Law Offices, LLP, White Plains ( Gregg S. Scharaga of counsel), for respondents.

Concur—Renwick, J.P., Mazzarelli, Moulton, Scarpulla, Higgitt, JJ.

Plaintiff seeks damages for injuries he allegedly suffered when he slipped and fell on a wet, greasy substance on a delivery ramp at defendant C&R Food Corp.'s supermarket. The motion court correctly granted defendant 708 Tremont Realty's motion for summary judgment. As the lease agreement between C&R and defendant 708 Tremont Realty, LLC, an out-of-possession landlord, obligated C&R to undertake all repairs and maintenance on the premises, 708 Tremont had no...

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