Gomez v. 192 East 151st Street Associates, L.P.
Opinion of the Court
Order, Supreme Court, Bronx County (Janice L. Bowman, J.), entered July 13, 2004, which, after a jury trial as to liability, denied defendant’s motion to set aside the verdict apportioning 80% liability to defendant and 20% to third-party defendant, unanimously reversed, on the law, without costs, defendant’s motion granted and the complaint dismissed. The Clerk is directed to enter judgment in favor of defendant 192 East 151st Street Associates, L.P dismissing the complaint.
On December 4, 1996, plaintiff slipped and fell in a bathroom at her workplace located at 192 East 151st Street in the Bronx. Defendant owned the building, and the third-party defendant
In its lease with the city, defendant agreed to maintain, repair and renovate certain areas, equipment and systems in the building. Defendant also retained the right to enter the premises at certain times, and it hired Mitchell Enterprises, a management company, to oversee and administer the premises.
After a trial on liability, the jury found defendant and the City negligent and apportioned liability at 80% and 20%, respectively. Defendant moved to set aside the verdict pursuant to CPLR 4404 (a). Misconstruing defendant’s motion as one to set aside the verdict as contrary to the weight of the evidence, as opposed to one to set aside the judgment as a matter of law, the court denied the motion, finding that the outcome “depends on how the facts are resolved.”
We reverse. “[T]here is simply no valid line of reasoning and permissible inferences which could possibly lead rational [persons] to the conclusion reached by the jury on the basis of the evidence presented at trial” (Cohen v Hallmark Cards, 45 NY2d 493, 499 [1978]; see also Nicastro v Park, 113 AD2d 129, 132 [1985]). Generally, an out-of-possession landlord cannot be held liable for a third party’s injuries on the premises unless it had notice of the defect and consented to be responsible for repairs or maintenance (Velazquez v Tyler Graphics, 214 AD2d 489, 489 [1995]). Notice can be constructive, when the landlord “reserves a right under the terms of a lease to enter the premises for the purpose of inspection and maintenance or repair and a specific statutory violation exists” (id.). However, in that case, “only a significant structural or design defect that is contrary to a specific statutory safety provision will support imposition of liability against the landlord” (id.). Here, while the lease required defendant to make certain repairs and improvements to the premises, the record is devoid of evidence that defendant had notice of the leak (see Figueroa v Goetz, 5 AD3d 164, 165 [2004]).
Plaintiff testified that on one occasion about a year or two before she slipped and fell, she notified the building superintendent, whom she believed to be the City’s employee, of a leak in the bathroom. She did not describe the source of the leak. Thereafter, on occasion, she saw a bucket in the bathroom which was
Nor does the record support a finding of constructive notice as plaintiff neither alleged nor proved a significant structural or design defect contrary to a specific statutory safety provision (see McDonald v Riverbay Corp., 308 AD2d 345, 346 [2003]). Concur—Marlow, J.P., Nardelli, Williams, Sweeny and McGuire, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.