DROTAR v. 60 SWEET THING, INC.

9966, 113841/09.

106 A.D.3d 426 (2013)

964 N.Y.S.2d 150

2013 NY Slip Op 3180

KELLY K. DROTAR, Respondent, v. 60 SWEET THING, INC., Doing Business as REDEMPTION COCKTAIL LOUNGE AND CAFÉ, Respondent-Appellant, and VIC'S HOLE IN ONE, LLC, et al., Appellants-Respondents.

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

Decided May 2, 2013.


Plaintiff seeks damages for injuries sustained on December 16, 2008, when she tripped and fell down a two-step, interior staircase, at premises owned by Vic's and leased to 60 Sweet, which operated the premises under the name of Redemption Cocktail Lounge and Café.

The Vic's defendants established entitlement to dismissal of the complaint. As out-of-possession landlords, with a limited right to reenter, they could only be liable for negligence "based on a significant...

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