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DINKINS v. KANSAS FRIED CHICKEN, INC.

5585. 305567/11.

158 A.D.3d 420 (2018)

70 N.Y.S.3d 195

2018 NY Slip Op 00618

KERON DINKINS, Appellant, v. KANSAS FRIED CHICKEN, INC., Doing Business as SOUNDVIEW CHICKEN, INC., et al., Respondents, et al., Defendants.

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

Decided February 1, 2018.

Defendant Kansas Fried Chicken established prima facie that it cannot be held liable for plaintiff's injuries by submitting the lease agreement for the premises showing that at the time of the accident it was an out-of-possession landlord with no duty to perform nonstructural repairs (see Heim v Trustees of Columbia Univ. in the City of N.Y., 81 A.D.3d 507 [1st Dept 2011]). In opposition, plaintiff failed to raise a triable issue...

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