Opinion
9196 Index 26627/15E
05-02-2019
Sharon NEPPL, Plaintiff, v. FAIRWAY PELHAM LLC, Defendant–Respondent, Levin Properties, L.P., Defendant–Appellant.
Milber Makris Plousadis & Seiden, LLP, White Plains (Vincent Camacho of counsel), for appellant. Cerussi & Spring, P.C., White Plains (Gabrielle R. Lang of counsel), for respondent.
Milber Makris Plousadis & Seiden, LLP, White Plains (Vincent Camacho of counsel), for appellant.
Cerussi & Spring, P.C., White Plains (Gabrielle R. Lang of counsel), for respondent.
Acosta, P.J., Friedman, Manzanet–Daniels, Gesmer, Singh, JJ.
Order, Supreme Court, Bronx County (Fernando Tapia, J.), entered on or about May 7, 2018, which granted the motion of defendant Fairway Pelham LLC (Fairway) for summary judgment dismissing the complaint and all cross claims against it, unanimously reversed, on the law, without costs, and the motion denied.
The governing lease between defendant Levin Properties, L.P. (Levin), the landlord of a large shopping center, and Fairway, a commercial tenant in the shopping center, unambiguously allocates to Levin the duty to maintain the shopping center parking lot, including keeping it free of snow and ice (see Waverly Corp. v. City of New York , 48 A.D.3d 261, 264–65, 851 N.Y.S.2d 176 [1st Dept. 2008] ). However, plaintiff does not allege where the accident occurred. Accordingly, at this stage, summary judgment was not appropriate.