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BURDIER v. RENAISSANCE MIDTOWN WEST, LLC

Index No. 23922/16. Appeal No. 14796. Case No. 2020-03259.

200 A.D.3d 446 (2021)

155 N.Y.S.3d 66

2021 NY Slip Op 06793

Luz Burdier, Appellant, v. Renaissance Midtown West, LLC, Respondent.

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

Decided December 7, 2021.

Attorney(s) appearing for the Case

Napoli Shkolnik, PLLC, New York ( Joseph P. Napoli of counsel), for appellant.

Barclay Damon LLP, Albany ( Colm P. Ryan of counsel), for respondent.

Concur—Acosta, P.J., Gische, Webber, Friedman, Kennedy, JJ.

Defendant established prima facie that it was an out-of-possession landlord with no duty to plaintiff to maintain the leased premises. Defendant submitted the lease agreement with nonparty tenant David's Bridal Inc. and David's Bridal, regarding the 12th floor of its building, where plaintiff's accident occurred. Pursuant to the lease agreement, David's Bridal Inc. and David's Bridal was obligated to undertake all repairs and maintenance...

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