Diane Babich sued R.G.T. Restaurant Corp., and its landlord, after she fell down a flight of stairs leading to the establishment's restrooms.
When the New York County Supreme Court dismissed her case, Diane appealed.
Since an out-of-possession landlord isn't responsible for conditions under a tenant's control, particularly when there's no obligation to make repairs, the Appellate Division, First Department, thought that the owner had been properly let out of the case.
But because there were unresolved questions as to whether the stairs complied with the New York City Building Code, the case against the restaurant-tenant was allowed to continue.
Better to own than to rent?
To view a copy of the Appellate Division's decision, please use this link: Babich v. R.G.T. Rest. Corp.