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BROWN v. SHURGARD STOR. CTRS. LLC

Index No. 21201/15E. Appeal No. 15471-15471A. Case Nos. 2020-04677, 2021-02573.

203 A.D.3d 453 (2022)

164 N.Y.S.3d 585

2022 NY Slip Op 01411

Audley Brown, Appellant-Respondent, v. Shurgard Storage Centers LLC et al., Respondents-Appellants. Shurgard Storage Centers LLC et al., Third-Party Plaintiffs-Respondents-Appellants, v. Vertical Parking Systems, LLC, Doing Business as Budget Truck Rental, Third-Party Defendant-Respondent.

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

Decided March 8, 2022.

Attorney(s) appearing for the Case

Buitrago & Associates, PLLC, New York ( Marcelo A. Buitrago of counsel), for appellant-respondent.

Miller & Lee LLP, Scarsdale ( Joseph Miller of counsel), for respondents-appellants.

Marshall Dennehey Warner Coleman & Goggin, P.C., New York ( R. David Lane, Jr. of counsel), for respondent.

Concur—Acosta, P.J., Renwick, Webber, Kern, Friedman, JJ.

Shurgard made a prima facie showing that it cannot be held liable for plaintiff's accident because it was an out-of-possession landlord that retained only a right of reentry, and the parking lot where the accident occurred did not suffer from a significant structural defect (see Guzman v Haven Plaza Hous. Dev. Fund Co., 69 N.Y.2d 559, 566-567 [1987]; Velazquez v Tyler Graphics...

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