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MATIAS v. NEW YORKER HOTEL MGT. CO., INC.

21241/17E. Appeal No. 15179. Case No. 2021-02100.

201 A.D.3d 592 (2022)

162 N.Y.S.3d 35

2022 NY Slip Op 00507

Robert Matias, Respondent, v. New Yorker Hotel Management Company, Inc., et al., Appellants. New Yorker Hotel Management Company, Inc., et al., Third-Party Plaintiffs-Appellants, v. Thirty-Fourth Street Diner, Inc., Third-Party Defendant-Respondent.

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

Decided January 27, 2022.

Attorney(s) appearing for the Case

Koster, Brady & Nagler, LLP, New York (Louis E. Valvo of counsel), for appellants.

Dankner Milstein, P.C., New York (Jay W. Dankner and Alexander J. Wulwick, of counsel), for Robert Matias, respondent.

Traub Lieberman Straus & Shrewsberry LLP, Hawthorne (Nicole Boeckle of counsel), for Thirty-Fourth Street Diner, Inc., respondent.

Concur—Kapnick, J.P., Gesmer, González, Kennedy, Shulman, JJ.

Plaintiff alleges that he slipped and fell on a wet floor after a waste or drain pipe six inches in diameter burst in the restaurant premises leased by the Diner from defendant/third-party plaintiff Holy Spirit Association for the Unification of the World Christianity (HSA).

Defendants argue that they had no duty to maintain the subject pipe, either under the lease between HSA and the Diner or through their conduct, and therefore had no consequent duty to plaintiff...

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