While at work, Nikolaos Mastrokostas fell into an "open trap door" and was injured. When he later filed suit, the Kings County Supreme Court granted the property owner's request to have the case thrown out.
Since the landlord established it was an "out-of-possession" owner, who neither controlled nor maintained the premises, the Appellate Division, Second Department, agreed that this was one hole Nikolaos couldn't climb out of. (The dismissal was affirmed.)
Now it's time to shut our trap.
To view a copy of the Appellate Division's decision, please use this link: Mastrokostas v. 673 Madison, LLC