Barkow v. New York Downtown Hospital

Full title: TILLY BARKOW, Plaintiff, v. NEW YORK DOWNTOWN HOSPITAL et al., Defendants…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 5, 1999

260 A.D.2d 334 (N.Y. App. Div. 1999)

687 N.Y.S.2d 672

Opinion

April 5, 1999

Appeal from the Supreme Court, Kings County (Clemente, J.).

Ordered that the order is affirmed insofar as appealed, with costs.

The Supreme Court properly determined that the moving defendants were, collectively, out-of-possession landlords, and may not be cast in liability under the circumstances of his case, for the plaintiff's fall over a "bump" in the carpeting in the appellants' law office ( see, Ortiz v. RVC Realty Co., 253 A.D.2d 802; Aprea v. Carol Mgt. Corp., 190 A.D.2d 838).

The appellants' remaining contention is without merit.

S. Miller, J. P., Sullivan, Friedmann and Luciano, JJ., concur.