| Cepeda v KRF Realty LLC |
| 2017 NY Slip Op 01961 [148 AD3d 512] |
| March 16, 2017 |
| Appellate Division, First Department |
[*1]
| Nelson Cepeda, Appellant, v KRF Realty LLC,Respondent, et al., Defendant. |
Jacob Oresky & Associates, PLLC, Bronx (Laurence D. Rogers of counsel), forappellant.
Miller, Leiby & Associates, P.C., New York (Jeffrey Miller of counsel), forrespondent.
Order, Supreme Court, Bronx County (Wilma Guzman, J.), entered March 4, 2016, which,among other things, granted defendant KR Realty LLC's motion for summary judgmentdismissing the complaint against it, and denied plaintiff's cross motion for summary judgmentagainst KR on the issue of liability, unanimously affirmed, without costs.
KR established that it was an out-of-possession landlord which, pursuant to its lease with thetenant, codefendant Bargain Team, Inc., was not responsible for removing snow or ice from thesidewalk of the premises where plaintiff allegedly slipped and fell (see Bing v 296 Third Ave. Group, L.P.,94 AD3d 413, 413 [1st Dept 2012], lv denied 19 NY3d 815 [2012]). Snow or ice isnot a significant structural or design defect for which an out-of-possession landlord may be heldliable (id. at 414).
We have considered plaintiff's remaining contentions and find them unavailing.Concur—Tom, J.P., Acosta, Richter, Manzanet-Daniels and Kahn, JJ.