Ferro v. Burton, 45 A.D.3d 1454 (N.Y. App. Div. 4th Dep't 2007). · Go Syfert
Ferro v. Burton, 45 A.D.3d 1454 (N.Y. App. Div. 4th Dep't 2007). Cases Citing This Book View Copy Cite
24 citation events (24 in the last 25 years) across 2 distinct courts.
Treatment trajectory · 2008 → 2026 · click a year to view as-of
2008 2017 2026
Cited for
At page 1455 Control required for out-of-possession landlord liability9 citing cases[2000]; Young v Moran Props., 259 AD2d 1037, 1038 [1999]), that exception does not apply here. The fact that defendant may have retained the right to visit the…opening of page *1455 (no citing court says what it cites this page for) · 8 listed here
  • Truax v. M.D. Meyer's Props., LLC, 2023 NY Slip Op 04058 (N.Y. App. Div. 4th Dep't 2023).published 3 cites
    The fact that, under the lease, defendant reserved the right to enter the premises "at all reasonable times for the purpose of inspecting same; for purposes of ascertaining [the l]essee's [*2]compliance with the terms and conditions [of th…
  • BoicevPCKDevelopmentCompany,LLC, No. 517698 (N.Y. App. Div. 3d Dep't Oct. 16, 2014).published
    Liability to a lessee's employee for personal injuries may attach if the out-of- possession landlord affirmatively created the dangerous condition (see Ferro v Burton, 45 AD3d 1454, 1455 [2007]; Stickles v Fuller, 9 AD3d at 600 ; Arvanete…
  • Boice v. PCK Dev. Co., LLC, 121 A.D.3d 1246 (N.Y. App. Div. 3d Dep't 2014).published 2 cites
    Liability to a lessee’s employee for personal injuries may attach if the out-of-possession landlord affirmatively created the dangerous condition (see Ferro v Burton, 45 AD3d 1454, 1455 [2007]; Stickles v Fuller, 9 AD3d at 600 ; Arvanete v…
  • Grady v. Hoffman, 63 A.D.3d 1266 (N.Y. App. Div. 3d Dep't 2009).published
    The fact that Hoffman may have “retained the right to visit the premises, or even to approve alterations, additions or improvements, is ‘insufficient to establish the requisite degree of control necessary for the imposition of liability wi…
  • Baez v. Barnard Coll., 22 Misc. 3d 312 (N.Y. Sup. Ct. 2008).published
    (McNally v East Twins Enters., Inc., 19 AD3d at 153 ; Mauriello v Port Auth. of N.Y. & N.J., 8 AD3d at 201; Quinn v K-Mart Corp., 224 AD2d 988 [1996]; see Dexter v Horowitz Mgt., 267 AD2d at 22 ; Brown v Weinreb, 183 AD2d 562 [1992]; Ferro…
  • Adolf v. Erie Cnty. Indus. Dev. Agency, 2019 NY Slip Op 5926 (N.Y. App. Div. 4th Dep't 2019).published
    Here, the provisions of the lease between defendant and its tenant were sufficient to establish defendant's prima facie entitlement to judgment as a matter of law because that lease established that defendant was an out-of-possession landl…
  • Mccomish v. Luciano's Italian Restaurant, 56 A.D.2d 534 (N.Y. App. Div. 2d Dep't 2008).published
    Although the lease also required the restaurant to submit proposed construction and repair plans to the owners for their approval, such provision, in and of itself, is “insufficient to establish the requisite degree of control necessary fo…
  • Black v. 465 Payne Ave., LLC, 2023 NY Slip Op 05081 (N.Y. App. Div. 4th Dep't 2023).published
    The fact that defendant "retained the right to visit and examine [the] premises, and to approve alterations, additions or improvements[,] . . . [is] insufficient to establish the requisite degree of control necessary for the imposition of…
At page 1454 Determining liability of out-of-possession landlord8 citing cases“an out-of-possession landlord who relinquishes control of the premises and is not contractually obligated to repair unsafe conditions is not liable . . . for personal injuries caused by an unsafe condition existing on the premises”the opinion's own words at *1454, quoted by 3 later opinions · 7 listed here
  • Truax v. M.D. Meyer's Props., LLC, 2023 NY Slip Op 04058 (N.Y. App. Div. 4th Dep't 2023).published 3 cites
    The fact that, under the lease, defendant reserved the right to enter the premises "at all reasonable times for the purpose of inspecting same; for purposes of ascertaining [the l]essee's [*2]compliance with the terms and conditions [of th…
  • Dill v. Lahr, 148 N.Y.S.3d 582 (N.Y. App. Div. 4th Dep't 2021).published
    In addition, although Thomas's reservation of the rights to visit or to inspect the premises and to approve certain alterations, additions, or improvements made to the manufactured homes on its land does not by itself establish the requisi…
  • Addeo v. Clarit Realty, Ltd., 176 A.D.3d 1581 (N.Y. App. Div. 4th Dep't 2019).published 2 cites
    We agree with defendant on its appeal, however, that Supreme Court erred in denying its motion inasmuch as it established as a matter of law that it was an out-of-possession landlord that had no duty to maintain or repair the metal strip o…
  • Sodhi v. Dollar Tree Stores, Inc., 2019 NY Slip Op 6255 (N.Y. App. Div. 4th Dep't 2019).published
    Although an out-of-possession landlord is generally not responsible for injuries that occur on its premises unless it has retained control over the premises or is contractually obligated to maintain or repair the alleged hazard ( see Ferro…
  • Balash v. Melrod, 2018 NY Slip Op 8769 (N.Y. App. Div. 4th Dep't 2018).published
    It is well settled that "an out-of-possession landlord who relinquishes control of the premises and is not contractually obligated to repair unsafe conditions is not liable . . . for personal injuries caused by an unsafe condition existing…
  • St. John v. Westwood-Squibb Pharm., Inc., 138 A.D.3d 1501 (N.Y. App. Div. 4th Dep't 2016).published 2 cites
    Although defendant contends that it was not liable because it was an out-of-possession landlord and did not have control over the premises (see Ferro v Burton, 45 AD3d 1454, 1454-1455 [2007]), we conclude that defendant failed to establish…
  • Weaver v. Deronde Tire Supply, Inc., 2022 NY Slip Op 07328 (N.Y. App. Div. 4th Dep't 2022).published
    It is well settled that "[a]n out-of-possession landlord is not liable for injuries that occur on the premises after the transfer of possession and control to a tenant unless the landlord (1) is contractually obligated to repair the premis…
Retrieving the full opinion text from the archive…
Tonia Ferro
v.
Richard Burton
Appellate Division of the Supreme Court of the State of New York.
Nov 23, 2007.
Published opinion
45 A.D.3d 1454
Cited by 19 opinions  |  Published

Appeal from an order of the Supreme Court, Oswego County (Norman W. Seiter, Jr., J.), entered October 11, 2006 in a personal injury action. The order granted defendant’s motion for summary judgment dismissing the complaint,

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action seeking damages for injuries she sustained when she fell while opening a trapdoor to the cellar at the premises where she was employed. Supreme Court properly granted the motion of defendant, an out-of-possession landlord who leased the premises to plaintiffs employer, for summary judgment dismissing the complaint. “ It is well settled that an out-of-possession landlord who relinquishes control of the premises and is not contractually obligated to repair unsafe conditions is not liable to employees of a lessee for personal injuries caused by an unsafe condition existing on the premises’ ” (Regensdorfer v Central Buffalo Project Corp., 247 AD2d 931, 932 [1998]). Here, the record establishes that defendant relinquished control of the premises to his tenant, and plaintiff does not allege that defendant had any contractual obligation to repair the premises. Although an out-of-possession landlord may be held liable for injuries that occur on the premises if the landlord retained “sufficient control” of the premises (Schwegler v City of Niagara Falls, 21 AD3d 1268, 1269 [2005]; see Mikolajczyk v Morgan Contrs., 273 AD2d 864[*1455] [2000]; Young v Moran Props., 259 AD2d 1037, 1038 [1999]), that exception does not apply here. The fact that defendant may have retained the right to visit the premises, or even to approve alterations, additions or improvements, is “insufficient to establish the requisite degree of control necessary for the imposition of liability with respect to an out-of-possession landlord” (Schwegler, 21 AD3d at 1270). “ ‘[A]n out-of-possession landlord who reserves that right may be held liable for injuries to a third party only where a specific statutory violation exists’ ” (Regensdorfer, 247 AD2d at 932; see Schwegler, 21 AD3d at 1270), and here plaintiff has not established nor has she even alleged that there was a statutory violation. Finally, although an out-of-possession landlord may be liable if he or she affirmatively created the dangerous condition (see Torres v West St. Realty Co., 21 AD3d 718, 721 [2005], lv denied 7 NY3d 703 [2006]), there is no evidence in the record that defendant installed, constructed or modified the allegedly defective trapdoor. Present—Gorski, J.P., Smith, Centra, Lunn and Feradotto, JJ.