Figueroa v. Skillman Realty Co.

2017 NY Slip Op 7095, 154 A.D.3d 470, 61 N.Y.S.3d 476

Opinion

Order, Supreme Court, Bronx County (Wilma Guzman, J.), entered September 23, 2015, which, to the extent appealed from as limited by the briefs, granted the motions of defendant/third-party plaintiff Skillman Realty Co. (Skillman) and of third-party defendant Brooks Brothers, Inc. for summary judgment dismissing the complaint as against Skillman, unanimously affirmed, without costs.

Under the terms of the lease, third-party defendant Brooks Brothers had sole responsibility for maintaining the area where plaintiff sustained her injuries. Skillman was an out-of-possession landlord with no obligation to perform repairs, and thus, cannot be liable, since the wet floor that allegedly caused plaintiff to slip and fall was not a significant structural or design defect contrary to a specific statutory safety provision (see Bing v 296 Third Ave. Group, L.P, 94 AD3d 413, 414 [1st Dept 2012], lv denied 19 NY3d 815 [2012]; Devlin v Blaggards III Rest. Corp., 80 AD3d 497 [1st Dept 2011], lv denied 16 NY3d 713 [2011]).

We considered plaintiff’s remaining contentions and find them unavailing.

Concur — Richter, J.P., Gische, Kapnick, Kahn and Kern, JJ.