Winkler v. Motter

SACHAR, J.S.C.

This action arises from personal injuries plaintiff sustained while an invitee at commercial premises known as “Tower Steak House”. The injury was a result of a structural defect. The co-defendant landlord/owner Franchinos moves for summary judgment against plaintiff and co-defendant tenant based on the argument that a commercial landlord is not liable for injuries to a third person where the tenant is in exclusive control of the premises and the tenant was responsible for repairs and/or maintenance of said premises. The motion is opposed on the grounds that because the premises…