Opinion
November 2, 1995
Appeal from the Supreme Court, New York County (Richard Lowe, III, J.).
Plaintiff alleged that she was injured when she slipped and fell on rotten vegetables on the sidewalk in front of the Hickory Pit Restaurant, whose premises were owned by G.S.L. Enterprises, Inc. Summary judgment was properly awarded to G.S.L. Enterprises, Inc. The right of reentry to inspect and make repairs retained by the out-of-possession landlord did not render it responsible for the general maintenance of the premises. That was the sole responsibility of Hickory Pit. The defect complained of did not involve significant structural and/or design defects or violate specific Administrative Code provisions which the landlord could have had the opportunity to discover and cure ( see, Manning v New York Tel. Co., 157 A.D.2d 264, 269-270, distinguishing Guzman v Haven Plaza Hous. Dev. Fund Co., 69 N.Y.2d 559; see also, Brooks v Dupont Assocs., 164 A.D.2d 847).
However, the court erred in granting Hickory Pit Restaurant's cross motion for summary judgment. Plaintiff raised material issues of fact as to this defendant's liability by introducing circumstantial evidence tending to show that the restaurant was responsible for the creation of the dangerous condition ( see, Negri v Stop Shop, 65 N.Y.2d 625; Giambrone v New York Yankees, 181 A.D.2d 547; Brito v Manhattan Bronx Surface Tr. Operating Auth., 188 A.D.2d 253, 254, appeal dismissed 81 N.Y.2d 993). The issue of Hickory Pit's liability should be left for a jury to resolve ( see, Ugarriza v Schmieder, 46 N.Y.2d 471, 474).
Concur — Ellerin, J.P., Wallach, Nardelli and Mazzarelli, JJ.