Kellman v. 45 Tiemann Associates, Inc.
Cases that cite this one
106 later published cases cite this decision. The 25 that cite it most often are listed here.
- Aviles v. Crystal Management, Inc. (Appellate Division of the Supreme Court of New York 1998)
- Spielman v. Glenwyck Dev., LLC (Appellate Division of the Supreme Court of New York 2024)
- Curtis v. Speedway LLC (District Court, W.D. New York 2023)
- Wright v. Target Corporation (District Court, W.D. New York 2022)
- Kimen v. False Alarm, Ltd. (Appellate Division of the Supreme Court of New York 2010)
- Frissora v. Lutheran Hous. Dev. Fund Corp. at Concord Vil. (Appellate Division of the Supreme Court of New York 2026)
- Coleman v. United States (District Court, E.D. New York 2025)
- Karlin v. K. Thompson Foods, LLC (Appellate Division of the Supreme Court of New York 2025)
- Rondon v. 328 W. 44 St. LLC (Appellate Division of the Supreme Court of New York 2025)
- White v. Metropolitan Opera Assns., Inc. (Appellate Division of the Supreme Court of New York 2024)
- Moceri v. Town of Islip (Appellate Division of the Supreme Court of New York 2024)
- Guerra v. 100 Stevens Ave. LLC (Appellate Division of the Supreme Court of New York 2024)
- Bilancione v. Garden Homes Mgt. Corp. (Appellate Division of the Supreme Court of New York 2024)
- Guzman v. 787 Holdings, LLC (Appellate Division of the Supreme Court of New York 2024)
- Kirbaran v. Target Corporation (District Court, S.D. New York 2024)
- Torres v. La Borinquena HDFC, Inc. (Appellate Division of the Supreme Court of New York 2024)
- Beier v. Giglio (Appellate Division of the Supreme Court of New York 2024)
- Saunders v. Nostrand 1543, LLC (Appellate Division of the Supreme Court of New York 2024)
- Misa v. Town of Brookhaven (Appellate Division of the Supreme Court of New York 2023)
- Martinez v. Fairfield Hills E., LLC (Appellate Division of the Supreme Court of New York 2023)
- Morlan v. Atlantic Westerly Co. (Appellate Division of the Supreme Court of New York 2023)
- Cabanas v. Qiu Yu Zou (Appellate Division of the Supreme Court of New York 2023)
- Lyman v. Cablevision of Ossining Ltd. Partnership (Appellate Division of the Supreme Court of New York 2023)
- Pena v. Pep Boys-Manny, Moe & Jack of Del., Inc. (Appellate Division of the Supreme Court of New York 2023)
- Wilson v. Rye Family Realty, LLC (Appellate Division of the Supreme Court of New York 2023)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative.
An owner of land has a duty under the common law to maintain its premises "in a reasonably safe condition in view of all the circumstances, including the likelihood of injury to others, the seriousness of the injury, and the burden of avoiding the risk” (see, Basso v Miller, 40 NY2d 233, 241). Contrary to defendant landlord’s contentions, its alleged compliance with the applicable statutes and regulations is not dispositive of the question whether it satisfied its duties under the common law (see, Lesocovich v 180 Madison Ave. Corp., 81 NY2d 982).
The Appellate Division correctly concluded that the record presents triable issues of fact, regardless of whether the building is subject to or in compliance with section 53 of the Multiple Dwelling Law or section 27-380 of the Administrative Code of the City of New York. Specifically, questions are presented (1) whether it was foreseeable that tenants would use the fire escape landings to clean windows or for other purposes, and, if so, (2) whether defendant landlord exercised reasonable care to protect tenants from injuring themselves by falling through the unguarded hatchways in fire escape landings.
Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur in memorandum.
Order affirmed, etc.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.