1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 204 A.D.3d
  5. 204 A.D.3d 622 (2022)
 

SOUMA v. THIRD AVE. REALTY MGT., INC.

Index No. 22137/16. Appeal No. 15810. Case No. 2021-02168.

204 A.D.3d 622 (2022)

167 N.Y.S.3d 487

2022 NY Slip Op 02885

Damon Souma, Appellant, v. Third Avenue Realty Management, Inc., Respondent, et al., Defendant. (And a Third-Party Action.).

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

Decided April 28, 2022.

Attorney(s) appearing for the Case

Wingate, Russotti, Shapiro & Halperin, LLP, New York (David M. Schwarz of counsel), for appellant.

The Di Pippo Law Group, LLC, Garden City (Eric D. Mercurio of counsel), for respondent.

Concur—Gische, J.P., Webber, Friedman, Oing, Kennedy, JJ.

The court properly concluded that the stairway where plaintiff fell was part of the demised premises described in the lease because the second floor of the building was accessible exclusively through the stairway, which did not provide access to other parts of the building.

Third Avenue demonstrated that it was an out-of-possession landlord that was not responsible for maintaining the stairway (see Putnam v Stout, 38 N.Y.2d 607<...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases