Barbara Ross slipped on some black greasy goo that was outside of an Emigrant Business Credit Corporation branch, and later sued the building's owner and the bank.
Interestingly, an Emigrant employee testified she had seen, and complained of, the slop on a number of occasions, including the day of Ross's accident.
When the Bronx County Supreme Court refused to throw out the personal-injury case, the defendants appealed.
Since the lease shifted the duty of maintaining the sidewalk to Emigrant, and the owner lacked knowledge of the condition's existence, the Appellate Division, First Department, found the landlord free of any liability. But because Emigrant might have known of the problem which led to Ross's fall, the appellate court allowed the case against the bank to continue.
Bet Emigrant wished that settled elsewhere.
To view a copy of the Appellate Division's decision, please use this link: Ross v. Betty G. Reader Revocable Trust