Awning Fell on Pedestrian

December 1, 2001

LVT Number: 15426

Pedestrian sued landlord and storefront tenant after he was injured by a falling awning while walking in front of the store. Landlord asked the court to dismiss the case against it without a trial. Landlord claimed that tenant was responsible for maintaining the awning. The court ruled against landlord, finding that there were questions of fact that required a trial on whether landlord was responsible. Landlord appealed and lost. The awning ran the length of the storefront, extended out to the curbside, and was secured to the building.

Pedestrian sued landlord and storefront tenant after he was injured by a falling awning while walking in front of the store. Landlord asked the court to dismiss the case against it without a trial. Landlord claimed that tenant was responsible for maintaining the awning. The court ruled against landlord, finding that there were questions of fact that required a trial on whether landlord was responsible. Landlord appealed and lost. The awning ran the length of the storefront, extended out to the curbside, and was secured to the building. A trial was needed to determine whether there were any structural defects for which landlord was responsible.

Abreu v. Nokit Realty Corp.: NYLJ, 11/13/01, p. 18, col. 1 (App. Div.1 Dept.; Sullivan, PJ, Nardelli, Ellerin, Rubin, Friedman, JJ)

Topics

More like this