Out-of-possession landowner can be liable for property defects.

The Court of Appeals issued a unanimous decision which held that the duty to maintain sidewalks in a “reasonably safe condition” under Section 7-210 of the New York City Administrative Code is non-delegable. Prior to He, property owners relied on their status as an “out-of-possession” property owner to avoid liability for injuries stemming from snow and ice on the sidewalk. Section 7-210 of the NYC Administrative Code is a commonly-used administrative code violation in personal injury actions. The Court of Appeals held that “[Section 7-210 of the NYC Administrative Code] makes no exception for out-of-possession landowners and so we hold that the duty applies with full force notwithstanding an owner’s transfer of possession to a lessee or maintenance agreement with a non-owner. Thus, [out-of-possession owners] are not entitled to summary judgment as a matter of law due solely to the owners’ out-of-possession status.” This decision upends case law that previously held that out-of-possession property owners are not liable for injuries that occur on its property unless the property owner has retained control over the premises and has a duty imposed by statute or assumed by contract or a course of conduct.

Case Law Alerts, 1st Quarter, January 2020 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2020 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.