Plung v. Cohen
| Decision Date | 14 May 1998 |
| Citation | 250 A.D.2d 430,673 N.Y.S.2d 114 |
| Parties | , 1998 N.Y. Slip Op. 4712 Kathleen PLUNG, Plaintiff-Appellant, v. Estelle COHEN, et al., Defendants-Respondents. |
| Court | New York Supreme Court — Appellate Division |
Charles Gershbaum, for plaintiff-appellant.
Carol A. Moore, for defendants-respondents.
Before LERNER, P.J., and ELLERIN, RUBIN and SAXE, JJ.
Order, Supreme Court, New York County (Leland DeGrasse, J.), entered April 7, 1997, which granted defendants' motion for summary judgment dismissing the complaint, and denied plaintiff's cross motion for leave to supplement her bill of particulars, unanimously affirmed, without costs.
Plaintiff alleges that defendants are the owners of the building in which she is employed by a building tenant, and that she tripped over a black sticky substance she believes was debris left on the floor by carpeting contractors who were working on another office on plaintiff's floor. The action was properly dismissed as against the corporate defendant for failure to adduce any evidence controverting the affidavit of its president denying any ownership interest or management responsibility for the building. Concerning the individual defendant, she is at best an out-of-possession landlord who cannot be held liable for the alleged dangerous condition, given a lease that specifically states that the owner, a partnership in which the individual defendant is a member, is not responsible for the management, repair, maintenance or operation of the building, and that places such duties upon the lessee of the building. That the lease also gives the owner the right of reentry to inspect and make repairs does not save plaintiff's claim against the individual defendant (see, Henderson v. Hickory Pit Rest., 221 A.D.2d 161, 633 N.Y.S.2d 31).
Plaintiff's cross motion to supplement her bill of particulars was properly denied for lack of a reasonable excuse for not making this request until three years subsequent to commencement of the action and two years after plaintiff placed the action on the trial calendar (see, Wilson v. Haagen-Dazs Co., 215 A.D.2d 338, 627 N.Y.S.2d 41, lv. dismissed 86 N.Y.2d 838, 634 N.Y.S.2d 446, 658 N.E.2d 224). In any event, all of the proposed additional theories of liability are without merit.
[3, 4] Administrative Code of the City of New York §§ 27-127 and 27-128, which merely require that the owner of a building maintain and be responsible...
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Burgos v. 205 E.D. Food Corp., Index No: 15760/06
...thus does not obligate or confer liability on out of possession landlord for a subsequent arising dangerous condition. Plung v. Cohen, 250 A.D.2d 430 (1st Dept. 1998); Canela v. Foodway Supermarket, 188 A.D.2d 416 (1st Dept. 1992). This is particularly true where the dangerous condition all......
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Bautista v. 85TH Columbus Corp.
...a claim of liability against an out-of-possession landlord based on a significant structural defect.”]; Plung v. Cohen, 250 A.D.2d 430, 431, 673 N.Y.S.2d 114 [1st Dept. 1998] [former Administrative Code §§ 27–127 and 27–128 did not impose liability on a landlord unless there is also a breac......
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Koldys v. Fifth Avenue Building Associates, LLC, 2007 NY Slip Op 30632(U) (N.Y. Sup. Ct. 4/4/2007)
...that violates a specific statutory condition. (See, Guzman v. Haven Plaza Housing Dev, Fund Co. Inc, 69 N.Y.2d 559 [1987]; Plung v. Cohen, 250 A.D.2d 430 [1998]). Administrative Code of the City of New York sections 27-127 and 27-128, which generally require that an owner of a building main......
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Hinton v. the City of N.Y.
...do not impose liability in the absence of a breach of some specific safety provision of the Administrative Code” ( Plung v. Cohen, 250 A.D.2d 430, 431, 673 N.Y.S.2d 114 [1998]; see also Dixon v. Nur–Hom Realty Corp., 254 A.D.2d 66, 67, 678 N.Y.S.2d 613 [1998] ). Moreover, the OSHA safety st......