October 15th, 2020

DSB won a motion for summary judgment on behalf of a commercial tenant where the plaintiff tripped and fell through a cellar door located on the sidewalk abutting the commercial tenant’s leasehold.  DSB argued, and the Supreme Court of Kings County agreed, that the commercial tenant established its prima facie entitlement to judgment as a matter of law where it neither owned the abutting property nor created the allegedly hazardous condition.  Accordingly, it did not owe a duty of care to the plaintiff.