Appellate Division of the Supreme Court of the State of New York July 7, 2011 (Ford v. Weishaus)

lead-opinion

*422Plaintiff alleges that he was injured when he tripped on a cracked floor at premises owned by defendant and leased by plaintiffs employer, presently on a month-to-month basis. In support of her motion to dismiss on the ground that she is an out-of-possession landlord, defendant submitted a 1984 lease imposing maintenance and repair obligations on the tenant.