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DRAME v. 1650 BUSHWICK REALTY CORP.

Index Nos. 301116/16E, 83853/16. Appeal Nos. 14708-14708A. Case Nos. 2021-00368, 2021-00369.

199 A.D.3d 611 (2021)

154 N.Y.S.3d 753

2021 NY Slip Op 06651

Mamadou Drame, Appellant, v. 1650 Bushwick Realty Corp., Respondent/Third-Party Plaintiff-Respondent. SLS Car Wash, Inc., Third-Party Defendant-Respondent.

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

Decided November 30, 2021.

Attorney(s) appearing for the Case

Pollack Pollack Isaac & DeCicco, LLP, New York ( Brian J. Isaac of counsel), for appellant.

Smith Mazure, P.C., New York ( Stacy I. Malinow of counsel), for 1650 Bushwick Realty Corp., respondent.

Gannon, Rosenfarb & Drossman, New York ( Lisa L. Gokhulsingh of counsel), for SLS Car Wash, Inc., respondent.

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

Defendant established prima facie that it was an out-of-possession landlord with no duty to plaintiff to maintain or repair its premises, in which SLS, its tenant, ran a car wash business (see DeJesus v Tavares, 140 A.D.3d 433 [1st Dept 2016]). The terms of the lease between defendant and SLS provided that defendant was not obligated to make repairs or maintain the premises where plaintiff's accident occurred; in addition, defendant...

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