Pedestrian Injured by Falling Lounge Chair Can Sue Absentee Tenants for Negligence

LVT Number: #31913

A pedestrian sued a building's condominium corporation and apartment tenants after she was struck by a lounge chair that fell from the terrace of the 12th-floor penthouse apartment. Tenants asked the court to dismiss the case against them. They claimed that the New York court had no jurisdiction over them because they were residents of California and were in Florida at the time of the incident.

A pedestrian sued a building's condominium corporation and apartment tenants after she was struck by a lounge chair that fell from the terrace of the 12th-floor penthouse apartment. Tenants asked the court to dismiss the case against them. They claimed that the New York court had no jurisdiction over them because they were residents of California and were in Florida at the time of the incident.

The court ruled against tenants, who appealed and lost. The court did have personal jurisdiction over tenants under CPLR 302(a)(4) and (a)(2) because the pedestrian's claims arose out of the allegedly negligent use and tenancy of the apartment. Also, CPLR 302(a)(2) provided a separate basis to confer personal jurisdiction over tenants, who didn't adequately refute the pedestrian's claim that they acted negligently in failing to secure the lounge chair at their leased apartment in New York. And requiring the tenants to defend against this lawsuit in New York was consistent with traditional notions of fair play and substantial justice. 

Sen v. GR Realty Holdings LLC: Index No. 157812/20, App. No. 15327, Case No. 2021-01591, 2022 NY Slip Op 01109 (App. Div. 1 Dept.; 2/17/22; Manzanet-Daniels, JP, Gische, Mazzarelli, Mendez, JJ)