Justice Francois Rivera
Only Realty Co. (ORC) moved for summary judgment on the issue of liability against worker Figueroa, and also, for dismissal of the complaint. Figueroa and lessee Bread in Tribeca (BIT) opposed ORC’s motions asserted against them. Figueroa’s complaint alleged he slipped and fell on a wet step leading from the bathroom to the locker room in the basement of the subject premises while employed as a dishwasher for BIT. He argued ORC was negligent in permitting water to leak from the pipes in the basement creating a dangerous condition. ORC sued BIT for contractual indemnification based on their lease agreement. ORC claimed it had no duty to the property and Figueroa as it was an out of possession landlord, and divested itself of control of the property. It submitted a copy of the lease to support its contention. The court noted, however, that it was without a complete and legible copy of the lease as portions were cutoff, thus ORC could not meet its burden of showing it had no duty to Figueroa based on its agreement with BIT. As ORC’s showing did not remove all material issues of fact, its motion was denied.
