Guilbe v. Port Authority of New York & New Jersey

Appellate Division of the Supreme Court of New York

Guilbe v. Port Authority of New York & New Jersey

2017 NY Slip Op 7217, 154 A.D.3d 522, 61 N.Y.S.3d 547

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 17, 2017

Docket4690 301980/13

StatusPublished

Cited by3 cases

This text of 2017 NY Slip Op 7217 (Guilbe v. Port Authority of New York & New Jersey) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Guilbe v. Port Authority of New York & New Jersey, 2017 NY Slip Op 7217, 154 A.D.3d 522, 61 N.Y.S.3d 547 (N.Y. Ct. App. 2017).

Pincite

Opinion

Order, Supreme Court, Bronx County (Julia I. Rodriguez, J.), entered March 29, 2016, which, in this action for personal injuries sustained in a slip and fall, denied defendant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

Defendant established its entitlement to judgment as a matter of law by demonstrating that it was an out-of-possession landlord. The lease provisions cited by defendant show that it did not have a contractual obligation to maintain or repair the premises. Plaintiff argues that the lease attached to defendant’s summary judgment motion expired before plaintiff’s accident, and thus defendant cannot rely on those provisions. However, defendant’s senior property representative testified that there was a restated lease agreement in effect at the time of plaintiff’s accident, which did not change defendant’s obligations regarding repairs and maintenance of the premises. The restated lease agreement that was subsequently submitted confirmed the testimony (see Sapp v S.J.C. 308 Lenox Ave. Family L.P., 150 AD3d 525, 527-528 [1st Dept 2017]).

In opposition, plaintiff failed to raise a triable issue of fact since she did not demonstrate that the allegedly defective condition that caused her fall constituted a structural or design defect contrary to a specific statutory provision (see Ross v Betty G. Reader Revocable Trust, 86 AD3d 419, 420 [1st Dept 2011]).

Concur — Tom, J.P., Richter, Andrias, Gesmer and Singh, JJ.

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Order, Supreme Court, Bronx County (Julia I. Rodriguez, J.), entered March 29, 2016, which, in this action for personal injuries sustained in a slip and fall, denied defendant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

Defendant established its entitlement to judgment as a matter of law by demonstrating that it was an out-of-possession landlord. The lease provisions cited by defendant show that it did not have a contractual obligation to maintain or repair the premises. Plaintiff argues that the lease attached to defendant’s summary judgment motion expired before plaintiff’s accident, and thus defendant cannot rely on those provisions. However, defendant’s senior property representative testified that there was a restated lease agreement in effect at the time of plaintiff’s accident, which did not change defendant’s obligations regarding repairs and maintenance of the premises. The restated lease agreement that was subsequently submitted confirmed the testimony (see Sapp v S.J.C. 308 Lenox Ave. Family L.P., 150 AD3d 525, 527-528 [1st Dept 2017]).

In opposition, plaintiff failed to raise a triable issue of fact since she did not demonstrate that the allegedly defective condition that caused her fall constituted a structural or design defect contrary to a specific statutory provision (see Ross v Betty G. Reader Revocable Trust, 86 AD3d 419, 420 [1st Dept 2011]).

Concur — Tom, J.P., Richter, Andrias, Gesmer and Singh, JJ.

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Bluebook (online)

2017 NY Slip Op 7217, 154 A.D.3d 522, 61 N.Y.S.3d 547, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guilbe-v-port-authority-of-new-york-new-jersey-nyappdiv-2017.

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