O'Connell v. Los Compadres Liquors & Wines, 2020–07665

• Court: New York Supreme Court Appellate Division
• Citation: 211 A.D.3d 963,181 N.Y.S.3d 304
• Docket Number: 2020–07665,Index No. 608352/16
• Parties: Jennifer O'CONNELL, etc., respondent, v. LOS COMPADRES LIQUORS AND WINES, defendant, Isidro Perez, appellant.
• Decision Date: 21 December 2022

211 A.D.3d 963
181 N.Y.S.3d 304

Jennifer O'CONNELL, etc., respondent,
v.
LOS COMPADRES LIQUORS AND WINES, defendant,

Isidro Perez, appellant.

2020–07665
Index No. 608352/16

Supreme Court, Appellate Division, Second Department, New York.

Argued—November 1, 2022
December 21, 2022

Gannon, Rosenfarb & Drossman, New York, NY (Lisa L. Gokhulsingh of counsel), for appellant.

Dell & Dean, PLLC, Garden City, NY (Joseph G. Dell and Mischel & Horn, P.C. [Scott T. Horn and Andrew Fisher], of counsel), for respondent.

VALERIE BRATHWAITE NELSON, J.P., ANGELA G. IANNACCI, LINDA CHRISTOPHER, BARRY E. WARHIT, JJ.

DECISION & ORDER

211 A.D.3d 963

In an action to recover damages for personal injuries, the defendant Isidro Perez appeals from an order of the Supreme Court, Nassau County (Jerome C. Murphy, J.), entered September 28, 2020. The order, insofar as appealed from, denied that branch of that defendant's motion which was for summary judgment dismissing

181 N.Y.S.3d 305

the complaint insofar as asserted against him.

ORDERED that the order is affirmed insofar as appealed from, with costs.

On July 14, 2016, the plaintiff's decedent allegedly sustained personal injuries when he slipped and fell on a wet metal step as he entered a liquor store operated by the defendant Los Compadres Liquors and Wines (hereinafter the tenant). The liquor store was located in a building owned by the defendant Isidro Perez. In October 2016, the decedent commenced this action to recover damages for personal injuries he allegedly sustained in the fall. Perez moved, inter alia, for summary judgment dismissing the complaint insofar as asserted against him, arguing, among other things, that he was an out-of-possession landlord with no duty to maintain the premises,

211 A.D.3d 964

and that the lease agreement between him and the tenant obligated the tenant to take good care of the premises. In an...