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BENNETT v. BERGER

283 A.D.2d 374 (2001)

726 N.Y.S.2d 22

ETHELYN BENNETT, Appellant, v. SIDNEY BERGER et al., Defendants and Third-Party Plaintiffs-Respondents. INSTITUTE FOR COMMUNITY LIVING, INC., Third-Party Defendant-Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided May 31, 2001.

Defendant, an out-of-possession landlord, owed plaintiff no common-law duty to remove naturally accumulated snow and ice from the sidewalk in front of his building, and cannot be held liable unless his negligence increased the hazard inherent in the natural accumulation (see, Rodriguez v City of New York, 269 A.D.2d 324). Nor can such a duty be found in a lease that permits the landlord to enter the leased premises for purposes of...

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