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NEPPL v. FAIRWAY PELHAM LLC

9196, 26627/15E.

172 A.D.3d 404 (2019)

97 N.Y.S.3d 483

2019 NY Slip Op 03440

Sharon Neppl, Plaintiff, v. Fairway Pelham LLC, Respondent, and Levin Properties, L.P., Appellant.

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

Decided May 2, 2019.

The governing lease between defendant Levin Properties, L.P. (Levin), the landlord of a large shopping center, and Fairway, a commercial tenant in the shopping center, unambiguously allocates to Levin the duty to maintain the shopping center parking lot, including keeping it free of snow and ice (see Waverly Corp. v City of New York, 48 A.D.3d 261, 264-265 [1st Dept 2008]). However, plaintiff does not allege where the accident occurred...

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