In Figueroa v. West 170th Realty, Inc ., Salvador Figueroa sued 99 Cents after he slipped and fell on an ice patch situated in front of the company's store.
99 Cents asked for the case's dismissal because the actual landlord -- West 170th Realty, Inc. -- was responsible for maintenance of the sidewalk where Figueroa fell. When the Bronx County Supreme Court denied that request, 99 Cents appealed to the Appellate Division, First Department.
Since there were questions whether 99 Cents was responsible for snow removal and whether a dangerous condition had been created or exacerbated, the AD1 was of the view dismissal was premature and a formal hearing or trial was warranted. (Figueroa alleged he slipped on a patch of ice hidden beneath slushy snow and that this hazard was unavoidable as there was no alternative pathway. The owner of 99 Cents couldn't recall what snow removal efforts were undertaken by his employees on the date in question.)
A pretty icy result for 99 Cents.
To download a copy of the Appellate Division's decision, please use this link: Figueroa v. West 170th Realty, Inc