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ALONZO v. McDONALD'S CORPORATION

282 A.D.2d 395 (2001)

723 N.Y.S.2d 499

MANUEL ALONZO, Appellant, v. McDONALD'S CORPORATION, Respondent.

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

Decided April 26, 2001.

The action was properly dismissed since defendant, an out-of-possession landlord, cannot be held liable for injuries caused by a defective condition on its premises absent evidence that it had agreed to be responsible for maintenance or repair (see, Pappalardo v New York Health & Racquet Club, 279 A.D.2d 134, 140-141; Velazquez v Tyler Graphics, 214 A.D.2d 489). The documentary evidence...

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