Williams v. Esor Realty Co.

• Decision Date: 08 May 2014
• Parties: Devlon WILLIAMS, Plaintiff–Appellant, v. ESOR REALTY CO., et al., Defendants, C.L.B. Check Cashing, Inc., Defendant–Respondent.
• Court: New York Supreme Court — Appellate Division

117 A.D.3d 480
985 N.Y.S.2d 505
2014 N.Y. Slip Op. 03343

Devlon WILLIAMS, Plaintiff–Appellant,
v.
ESOR REALTY CO., et al., Defendants,
C.L.B. Check Cashing, Inc., Defendant–Respondent.

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

May 8, 2014.

[985 N.Y.S.2d 506]

Codelia & Socorro, P.C., Bronx (Peter R. Shipman of counsel), for appellant.

O'Connor Redd, LLP, Port Chester (Amy Lynn Fenno of counsel), for respondent.

SAXE, J.P., MOSKOWITZ, FREEDMAN, GISCHE, KAPNICK, JJ.

Order, Supreme Court, Bronx County (Julia I. Rodriguez, J.), entered October 4, 2012, which, insofar as appealed from, granted the motion of defendant C.L.B. Check Cashing, Inc. (C.L.B.) for summary judgment dismissing the complaint and all cross claims as against it, unanimously reversed, on the law, without costs, and the motion denied. Appeal from order, same court and Justice, entered June 13, 2013, which, insofar as appealable, denied plaintiff's motion to renew, unanimously dismissed, without costs, as academic.

Defendant tenant C.L.B. failed to establish its entitlement to judgment as a matter of law in this action for personal injuries allegedly sustained by plaintiff when he slipped and fell on a sheet of ice on a

[985 N.Y.S.2d 507]

private sidewalk located adjacent to C.L.B.'s check cashing store. C.L.B. was located within a lot that also contained a gas station and the alleged cause of the icy condition was water leakage from a drainpipe that ran down the side of the building within which C.L.B. was located.

It is well established that a tenant owes a common-law duty of reasonable care to maintain the demised premises in a reasonably safe condition, independent of any obligation that might be imposed by the existence of a lease ( see DeMatteis v. Sears, Roebuck and Co., 11 A.D.3d 207, 208, 782 N.Y.S.2d 261 [1st Dept.2004];Zito v. 241 Church St. Corp., 223 A.D.2d 353, 355, 636 N.Y.S.2d 40 [1st Dept.1996] ). The fact that nonparty C.L.B.#6 Inc. (C.L.B.#6) was required to maintain the sidewalk under its lease with the landlord is irrelevant to C.L.B.'s common-law duty to maintain the demised premises ( see DeMatteis, 11 A.D.3d at 208, 782 N.Y.S.2d 261;Chadis v. Grand Union Co., 158 A.D.2d 443, 550 N.Y.S.2d 908 [2d Dept.1990] ). Additionally, whether a gas station was also a tenant of the premises is also irrelevant to C.L.B.'s duty ( see Chadis at 444, 550 N.Y.S.2d 908). Because C.L.B. never produced the lease between itself and C.L.B.#6, which might reflect...