Irizarry v. Felice Realty Corp., 2015–12564

• Decision Date: 24 January 2018
• Docket Number: Index No. 13154/10,2015–12564
• Citation: 67 N.Y.S.3d 483 (Mem),157 A.D.3d 874
• Parties: Elvia IRIZARRY, respondent, v. FELICE REALTY CORP., et al., appellants.
• Court: New York Supreme Court — Appellate Division

157 A.D.3d 874
67 N.Y.S.3d 483 (Mem)

Elvia IRIZARRY, respondent,
v.
FELICE REALTY CORP., et al., appellants.

2015–12564
Index No. 13154/10

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

Argued—December 19, 2017
January 24, 2018

Leon R. Kowalski (McGaw, Alventosa & Zajac, Jericho, NY [Joseph Horowitz and Ross Masler ], of counsel), for appellants.

Katz & Katz, P.C., New York, NY (Andrea Katz Ritscher, Julie T. Mark, and Jason Linden of counsel), for respondent.

L. PRISCILLA HALL, J.P., LEONARD B. AUSTIN, SANDRA L. SGROI, LINDA CHRISTOPHER, JJ.

DECISION & ORDER

157 A.D.3d 874

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Baily–Schiffman, J.), dated October 22, 2015, which denied their motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with costs.

The plaintiff was injured when she slipped and fell in the bathroom at her workplace. The premises were leased by the plaintiff's employer from the defendant Felice Realty Corp. (hereinafter Felice). The defendant Rentar Development Corp. (hereinafter Rentar) was the managing agent for the premises. The plaintiff thereafter commenced this action alleging that she slipped on water which had accumulated on the bathroom floor as a result of a leak from a malfunctioning hot water heater. The plaintiff testified at her deposition that, shortly after the accident, both a coworker as well as someone wearing a Rentar uniform told her that there had been a leak in the bathroom the night before and it had been cleaned up. Following discovery, the defendants moved for summary judgment dismissing the complaint, asserting that Felice was an out-of-possession landlord and that the defendants had no notice of the defective hot water heater. The Supreme Court denied the motion, and the defendants appeal.

An out-of-possession landlord and its agent are not liable for injuries caused by dangerous conditions on leased premises in the absence of a statute imposing liability,...