5/07/18 Robert Sauro v. 900 Broadway LLC, Edward Berger and Janice Berger, et al.
In Sauro, plaintiff alleged he slipped on ice outside the restroom of the convenience store at a gas station owned by the insured. The premises was leased to a third-party and subleased to an additional party. Plaintiff attributed his accident to a hazardous and dangerous condition on the exterior of the building. Michael Shields filed a motion for summary judgment, arguing that the insured was an out-of-possession landlord and did not have notice of the allegedly defective condition at the time of plaintiff’s alleged incident, that the insured was not in control of the premises, and was not contractually obligated to repair the alleged unsafe condition. Justice Raffaele agreed with our arguments and dismissed plaintiff’s complaint as a matter of law.