Shackett v. Schwartz

Jack H. Kaufman was a tenant in an office building owned by Charles E. Schwartz. Kaufman is a doctor. One of Kaufman’s patients slipped, fell and injured herself in the parking lot behind the office in question. She brought action against both, alleging joint and several liability.

The lease here devised only a portion of the premises to Kaufman. The other portion of the building was vacant at the time of the accident. The lease states that the vacant area at the rear of the building is to be used in common with other tenants. This portion would appear to be the parking lot.

The lease requires…