Legal Opinion
Sciammarella v. Manorville Postal Associates
Appellate Division of the Supreme Court of the State of New York
Decided August 2, 2011PublishedCited by 5 opinions
1Opinion of the Court
The plaintiff Toni Sciammarella, then an employee of the United States Postal Service (hereinafter the Postal Service), allegedly sustained injuries when she fell after stepping into a hole in the parking lot of the premises leased to the Postal Service by the defendant.
“An out-of-possession landlord may not be held liable for injuries occurring on its premises unless it is contractually obligated to perform maintenance and repairs or it has retained control over, the premises” (Salaices v Gar-Ben Assoc., 82 AD3d *531740, 741 [2011]; see Guzman v Haven Plaza Hous. Dev. Fund Co., 69 NY2d 559,…
2Cases cited8 opinions
- Guzman v. Haven Plaza Housing Development Fund Co.New York Court of Appeals · 1987
- Amarante v. Village of TarrytownAppellate Division of the Supreme Court of the State of New York · 1996
- Lauer v. Great South Bay Seafood Co.Appellate Division of the Supreme Court of the State of New York · 2002
- Sanchez v. Barnes & Noble, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- Yadegar v. International Food MarketAppellate Division of the Supreme Court of the State of New York · 2007
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3Cited by5 opinions
- Coggins v. Nidoj Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2012
- Castillo v. Wil-Cor Realty Co.Appellate Division of the Supreme Court of the State of New York · 2013
- Castillo v. Wil-Cor Realty Co.Appellate Division of the Supreme Court of the State of New York · 2013
- Milham v. Port AuthorityAppellate Division of the Supreme Court of the State of New York · 2014
- Milham v. Port AuthorityAppellate Division of the Supreme Court of the State of New York · 2014