July 27, 2020

DSB was successful in moving for summary judgment on behalf of an out-of-possession landlord. Plaintiff slipped and fell on a step while exiting the owner’s property. The Supreme Court, Suffolk County, determined that DSB established its prima facie entitlement to judgment as a matter of law by demonstrating that the owner was an out-of-possession landlord who had relinquished control over the premises to his tenants. Furthermore the owner was not contractually obligated to repair premises conditions and did not endeavor to perform any such maintenance. The Court granted DSB’s motion for summary judgment and dismissed plaintiff’s complaint.