Seawright v. Port Authority
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Liability may be imposed on an out-of-possession landlord for injuries which occur on leased premises only where “an out-of-possession landlord has a duty imposed by statute or assumed by contract or a course of conduct” (Alnashmi v Certified Analytical Group, Inc., 89 AD3d 10, 18 [2011]). Here, where the complaint sounds in common-law negligence and does not allege the violation of a statute, the defendant established, prima facie, that it was an out-of-possession landlord which had no duty to *1018remove snow and ice from the subject premises (see Santos v 786 Flatbush Food Corp., 89 AD3d 828…
2Cases cited10 opinions
- Alnashmi v. Certified Analytical Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Lopez v. WS Distribution, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Stark v. Port Authority of New York & New JerseyAppellate Division of the Supreme Court of the State of New York · 1996
- Rainford v. HanAppellate Division of the Supreme Court of the State of New York · 2005
- Martinez v. KreychmarAppellate Division of the Supreme Court of the State of New York · 2011
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3Cited by7 opinions
- Suero-Sosa v. CardonaAppellate Division of the Supreme Court of the State of New York · 2013
- Casson v. McConnellAppellate Division of the Supreme Court of the State of New York · 2017
- Lugo v. Austin-Forest AssociatesAppellate Division of the Supreme Court of the State of New York · 2012
- Lugo v. Austin-Forest AssociatesAppellate Division of the Supreme Court of the State of New York · 2012
- Robinson v. Bond Street Levy, LLCAppellate Division of the Supreme Court of the State of New York · 2014
2 more not listed; retrieve them via the Exa API.