Commercial Tenant Responsible for Clearing Snow

February 27, 2019

LVT Number: #29963

Upstairs tenant sued landlord for injuries after slipping and falling on a snowy or icy condition on an outside staircase and breaking her ankle. After that case was resolved, landlord sued basement commercial tenant, claiming basement tenant's lease made that tenant responsible for maintaining the staircase. The court ruled against landlord, who appealed and won. Basement tenant argued that its lease had expired by the time upstairs tenant's accident occurred. But the terms of that lease remained binding since basement tenant was still in possession.

Upstairs tenant sued landlord for injuries after slipping and falling on a snowy or icy condition on an outside staircase and breaking her ankle. After that case was resolved, landlord sued basement commercial tenant, claiming basement tenant's lease made that tenant responsible for maintaining the staircase. The court ruled against landlord, who appealed and won. Basement tenant argued that its lease had expired by the time upstairs tenant's accident occurred. But the terms of that lease remained binding since basement tenant was still in possession. The lease required basement tenant to maintain the exterior stairway and to indemnify landlord for any liability arising from injury caused by basement tenant's failure to keep the stairway free of snow and ice. 

Zheng v. Fu Jian Hong Guan American Unity Association, Inc.: Index No. 8121-152370/15, 2019 NY Slip Op 00351 (App. Div. 1 Dept.; 1/17/19; Renwick, JP, Manzanet-Daniels, Gische, Mazzarelli, Kahn, JJ)

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