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Commercial Leasing Law & StrategyColumns & DepartmentsLandlord Tenant LawLitigation

Case Notes

By ssalkin
May 01, 2018

 

Slip-and-Fall Victim Cannot Recover from Landlord or Tenant

In a case in which a pedestrian sued the lessor and lessee of commercial real property for failure to remove snow and ice, allegedly causing him injury, the court dismissed the causes of action because the remote landlord had contracted to have the lessee remove snow and the lessee's promise to remove snow did not create a duty on its part to protect the passing pedestrian. Lawrence v. 239 E. 115th St. Hous. Dev. Fund Corp., 2018 N.Y. Misc. LEXIS 879 (Sup. Ct., N.Y. Cty. 3/12/18).

Landlord 239 East 115th Street Housing Development Fund Corp. leased the premises at 2032 Lexington Avenue, New York, NY, to JNS, which operated a business there. During the course of the lease, plaintiff William Lawrence slipped and fell in front of the premises and sued both lessor and lessee for failure to remove snow and ice from the sidewalk.

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