Appellate Division of the Supreme Court of New York, 2012

Myers-Skinner v. City of New York

Myers-Skinner v. City of New York
Appellate Division of the Supreme Court of New York · Decided January 19, 2012
91 A.D.3d 527; 936 N.Y.2d 545
Myers-Skinner v. City of New York

Opinion of the Court

*528Under the terms of the applicable lease, lessee ExxonMobil owed lessor 4201 Webster no duty to maintain the sidewalk where plaintiff fell (cf. Collado v Cruz, 81 AD3d 542 [2011]), and the record refutes 4201 Webster’s argument that it was physically excluded from the property. The sidewalk where plaintiff fell was not under ExxonMobil’s control. Any lease obligation to maintain it was not in effect insofar as the parties were still in the preliminary period.

We have considered the remaining arguments and find them unavailing. Concur — Andrias, J.E, Sweeny, Moskowitz, Renwick and Freedman, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.