Opinion
03-16-2017
Nelson CEPEDA, Plaintiff–Appellant, v. KRF REALTY LLC, Defendant–Respondent, Bargain Team, Inc., Defendant.
Jacob Oresky & Associates, PLLC, Bronx (Laurence D. Rogers of counsel), for appellant. Miller, Leiby & Associates, P.C., New York (Jeffrey Miller of counsel), for respondent.
Jacob Oresky & Associates, PLLC, Bronx (Laurence D. Rogers of counsel), for appellant.Miller, Leiby & Associates, P.C., New York (Jeffrey Miller of counsel), for respondent.
Order, Supreme Court, Bronx County (Wilma Guzman, J.), entered March 4, 2016, which, among other things, granted defendant KR Realty LLC's motion for summary judgment dismissing the complaint against it, and denied plaintiff's cross motion for summary judgment against KR on the issue of liability, unanimously affirmed, without costs.
KR established that it was an out-of-possession landlord which, pursuant to its lease with the tenant, codefendant Bargain Team, Inc., was not responsible for removing snow or ice from the sidewalk of the premises where plaintiff allegedly slipped and fell (see Bing v. 296 Third Ave. Group, L.P., 94 A.D.3d 413, 413, 941 N.Y.S.2d 141 [1st Dept.2012], lv. denied 19 N.Y.3d 815, 955 N.Y.S.2d 554, 979 N.E.2d 815 [2012] ). Snow or ice is not a significant structural or design defect for which an out-of-possession landlord may be held liable (id. at 414, 941 N.Y.S.2d 141 ).
We have considered plaintiff's remaining contentions and find them unavailing.
TOM, J.P., ACOSTA, RICHTER, MANZANET–DANIELS, KAHN, JJ., concur.