Stacey Gorny Obtains Summary Judgment and Dismissal for Out of Possession Property Owner

Senior Counsel Stacey Gorny obtained summary judgment and dismissal of all claims against an out of possession property owner, in a premises liability case pending in Supreme Court, Suffolk County.  In that case, the plaintiff slipped and fell on ice in the bus yard where she was then employed.  She sued the out of possession property owner for negligence and personal injuries relating to the snow and ice condition that caused her fall.  In awarding summary judgment for the defense, the Court determined that the defendants were purely out of possession landlords who had no duty under the lease agreement with plaintiff’s employer, to maintain or repair the premises or with regard to removal of snow and ice conditions.  The Court further determined that the defendants retained no meaningful control over the premises, and that all duties regarding snow and ice removal were relegated to the plaintiff’s employer, who could not otherwise be sued due to her exclusive remedies under the Workers Compensation Law.



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