X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

On March 29, 2019 the NYLJ published an article regarding a pending Court of Appeals case, He v. Troon, 2018-00168. The article, titled “Is Out-of-Possession Landlord’s Duty Under Administrative Code 7-210 Non-Delegable When the Condition Is Snow and Ice?,” was presented as an analysis of a legal issue but was essentially an advocacy piece. Further, the article contained numerous errors and faulty legal arguments which necessitates this response. I have reviewed the briefs in the appeal as well as the applicable statutes and cases and encourage others to do the same.

At the outset, I would note that that Court of Appeals likely granted leave in this matter because of the First Department’s interpretation and application of §7-210 as demonstrated in this case, Xiang Fu He v. Troon Mgmt., 157 A.D.3d 586 (N.Y. App. Div. 2018), and two predecessor cases, Cepeda v. KRF Realty, 148 A.D.3d 512 (1st Dept. 2017) and Bing v. 296 Third Ave. Group, LP, 94 A.D.3d 413 (1st Dept. 2012), lv. den., 19 N.Y.3d 815 (2012). In Bing, the plaintiff slipped on a transient condition on a ramp leading into a store. The First Department’s decision concluded that snow and ice on the ramp would be the tenant’s responsibility but equated the ramp to a sidewalk without recognizing the non-delegable duty imposed upon the property owner for the sidewalk under §7-210. The First Department reached its conclusion in Bing, in part, because “section 7-210 is not applicable to this action because plaintiff did not allege landlord’s violation of this section of the Administrative Code.”

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at customercare@alm.com

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.