Carol v. Hickory Pit Restaurant
Opinion of the Court
—Order, Supreme Court, New York County (Richard Lowe, III, J.), entered on or about April 18, 1994, which granted defendant G.S.L. Enterprises, Inc.’s motion and defendant Hickory Pit Restaurant’s cross motion for summary judgment dismissing the complaint and cross claims, unanimously modified, on the law, to deny Hickory Pit Restaurant’s cross motion and to reinstate the complaint against it, and otherwise affirmed, without costs.
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 AD2d 264, 269-270, distinguishing Guzman v Haven Plaza Hous. Dev. Fund Co., 69 NY2d 559; see also, Brooks v Dupont Assocs., 164 AD2d 847).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.