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NIEVES v. BURNSIDE ASSOC., LLC

59 A.D.3d 290 (2009)

___ N.Y.S.2d ___

EVELYN NIEVES, Respondent, v. BURNSIDE ASSOCIATES, LLC, Appellant, et al., Defendant.

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

Decided February 24, 2009.

Out-of-possession owner Burnside, which had no contractual obligation to repair, cannot be liable for plaintiff's alleged injury absent an allegation that the defective condition resulting in the accident constituted a specific statutory safety violation (see Vasquez v The Rector, 40 A.D.3d 265, 266 [2007]); plaintiff failed to establish any such violation. Moreover, Burnside's managing agent averred, without contradiction, that...

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