Opinion
14796 Index No. 23922/16 Case No. 2020–03259
12-07-2021
Luz BURDIER, Plaintiff–Appellant, v. RENAISSANCE MIDTOWN WEST, LLC, Defendant–Respondent.
Napoli Shkolnik, PLLC, New York (Joseph P. Napoli of counsel), for appellant. Barclay Damon LLP, Albany (Colm P. Ryan of counsel), for respondent.
Napoli Shkolnik, PLLC, New York (Joseph P. Napoli of counsel), for appellant.
Barclay Damon LLP, Albany (Colm P. Ryan of counsel), for respondent.
Acosta, P.J., Gische, Webber, Friedman, Kennedy, JJ.
Order, Supreme Court, Bronx County (Donald A. Miles, J.), entered June 29, 2020, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Defendant established prima facie that it was an out-of-possession landlord with no duty to plaintiff to maintain the leased premises. Defendant submitted the lease agreement with nonparty tenant David's Bridal Inc. and David's Bridal, regarding the 12th floor of its building, where plaintiff's accident occurred. Pursuant to the lease agreement, David's Bridal Inc. and David's Bridal was obligated to undertake all repairs and maintenance on that floor. Defendant also submitted evidence that the leaking steam pipe to which plaintiff attributed the wet floor on which she slipped was not a significant structural or design defect (see Vasquez v. The Rector, 40 A.D.3d 265, 835 N.Y.S.2d 159 [1st Dept. 2007] ; DeJesus v. Tavares, 140 A.D.3d 433, 33 N.Y.S.3d 47 [1st Dept. 2016] ). Although the lease agreement provided defendant with a right of re-entry to make repairs if David's Bridal failed to adequately maintain the 12th floor, it did not obligate defendant to do so (see Vasquez, 40 A.D.3d at 266, 835 N.Y.S.2d 159 ).
In opposition, plaintiff failed to raise an issue of fact. She submitted no evidence to rebut defendants’ showing that it was an out-of-possession landlord. Her contention that the lease agreement obligated defendant to make plumbing repairs is unsupported by the record.
We have considered plaintiff's remaining contentions and find them unavailing.