Hakim v. 65 Eighth Avenue, LLC

In my view, Supreme Court erred in denying that aspect of defendants’ motion seeking summary judgment dismissing the complaint as against defendant 65 Eighth Avenue, LLC (the landlord). Accordingly, I respectfully dissent in part.

Plaintiff operated an antiques store out of premises she leased from the landlord. The ground-floor store had a roll-up security gate, apparently made of steel, that protected the storefront. Only plaintiff (and one of plaintiffs friends) had a key to the padlock on the gate; defendants did not possess a key. When it was not in use, the gate was rolled up into a…