Vivas v. VNO Bruckner Plaza LLC

*402The private sidewalk upon which plaintiff fell was not part of the premises demised under a store lease between Payless, the tenant, and defendant VNO, the landlord. The lease described the demised premises as ground floor space “in the building” depicted in an annexed diagram. In fact, the lease provided that the sidewalk was part of common facilities that were subject to VNO’s “exclusive control and management.” This case is controlled by Rothstein v 400 E. 54th St. Co. (51 AD3d 431 [1st Dept 2008]), in which we held that the lessee of a condominium’s commercial unit had no duty to maintain…