BARNES & NOBLE & LANDLORD RELEASED FROM INJURY CASE
After he slipped and fell on some ice which existed in an outdoor parking lot, owned by EFG & P, LLC (EFG), and leased to Barnes & Noble Booksellers, Inc, G.S. filed suit against them seeking damages for his personal injuries.
After the Richmond County Supreme Court granted the defendants’ request to dismiss the case because “they did not create the alleged hazardous condition or have actual or constructive notice of any dangerous condition, and that as an out-of-possession landlord, EFG could not be held liable for the plaintiff's injuries,” G.S. appealed.
And the Appellate Division, Second Department, agreed that the evidence favored the defendants because they apparently lacked “actual or constructive notice of [any hazardous condition’s] existence for a sufficient length of time to discover and remedy it,” and G.S. was supposedly unable to rebut that.
Additionally, since EFG was an “out-of-possession landlord,” it had “no duty to remove snow and ice from the subject parking lot.”
G.S. certainly landed an icy reception there ....
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DECISION