Legal Opinion
Malloy v. Friedland
Appellate Division of the Supreme Court of the State of New York
Decided October 28, 2010PublishedCited by 5 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Joan Madden, J.), entered July 24, 2009, which granted the landlord defendants’ motion for summary judgment, unanimously affirmed, without costs.
Plaintiff asserts he was injured in 2007 when he fell into a trapdoor opening while shopping at Hamilton Heights Deli on Manhattan’s upper west side. According to the record, the trapdoor had been left open by one of the tenant’s employees.
It is well settled that “[a] landlord is not generally liable for negligence with respect to the condition of property after its transfer of possession and control to a tenant…
2Cases cited4 opinions
- Babich v. R.G.T. Restaurant Corp.Appellate Division of the Supreme Court of the State of New York · 2010
- Baez v. CollegeAppellate Division of the Supreme Court of the State of New York · 2010
- Dexter v. Horowitz ManagementAppellate Division of the Supreme Court of the State of New York · 1999
- Lewis v. Sears, Roebuck & Co.Appellate Division of the Supreme Court of the State of New York · 2006
3Cited by5 opinions
- Devlin v. Blaggards III Restaurant Corp.Appellate Division of the Supreme Court of the State of New York · 2011
- Brignoni v. 601 West 162 Associates, L.P.Appellate Division of the Supreme Court of the State of New York · 2012
- Ebrahim v. Twin Dev., LLCAppellate Division of the Supreme Court of the State of New York · 2025
- Martinez v. 3801 Equity Co., LLCAppellate Division of the Supreme Court of the State of New York · 2017
- Varga v. North Realty Co.Appellate Division of the Supreme Court of the State of New York · 2014