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Case Study

Appellate Victory in Premises Liability Case a Landmark Decision for Out-of-Possession Landlords

September 16, 2011

On Sept 13, 2011, the New York State Appellate Division–Second Department issued a landmark decision in the field of premises liability claims against landlords in Alnashmi v Certified Analytical Group Inc.

The Appellate Division reexamined the common law of New York as to the responsibility of landlords for injuries occurring on leased premises when the landlord retained a right of reentry for inspection and repair. The court concluded that our client was not liable for a premises defect because the landlord did not owe a duty of care to the plaintiff based on the lease provisions and New York’s common law.

The decision is noteworthy for retailers and other landlords and property owners who deal with premises liability issues, as well as insurance companies who provide liability insurance to those types of businesses.

Click here to read the decision: Alnashmi v Certified Analytical Group, Inc. (2011 NY Slip Op 06465).

Goldberg Segalla partner Brian W. McElhenny represented the landlord in this case.