Opinion
5495 Index 111331/09
01-23-2018
XIANG FU HE, Plaintiff–Respondent, v. TROON MANAGEMENT, INC., et al., Defendants–Appellants. [And a Third Party–Action]
Rosenbaum & Taylor, P.C., White Plains (Scott Taylor of counsel), for appellants. Michael H. Zhu, P.C., New York (Michael H. Zhu of counsel), for respondent.
Rosenbaum & Taylor, P.C., White Plains (Scott Taylor of counsel), for appellants.
Michael H. Zhu, P.C., New York (Michael H. Zhu of counsel), for respondent.
Sweeny, J.P., Richter, Andrias, Webber, Oing, JJ.
Order, Supreme Court, New York County (Carol R. Edmead, J.), entered June 23, 2016, which denied defendants' motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.
Defendants cannot be held liable for injuries allegedly sustained by plaintiff when he slipped on snow and ice on the sidewalk adjacent to their property, because they were out-of-possession landlords with no contractual obligation to keep the sidewalks clear of snow and ice, and the presence of snow and ice does not constitute a significant structural or design defect ( Bing v. 296 Third Ave. Group, L.P., 94 A.D.3d 413, 941 N.Y.S.2d 141 [1st Dept. 2012], lv denied 19 N.Y.3d 815, 2012 WL 5308073 [2012] ; accord Cepeda v. KRF Realty LLC, 148 A.D.3d 512, 48 N.Y.S.3d 586 [1st Dept. 2017] ).