December 17, 2019

On October 24, 2019, the New York State Court of Appeals (New York’s highest state court) ruled that the owner of a building in New York City remains liable for a slip and fall on a sidewalk under Section 7-210 of the NYC Administrative Code notwithstanding the fact that the owner delegated the responsibility for maintaining the sidewalk to a tenant.  Xiang Fu He v. Troon Management, Inc., NY Slip Op. 07643.

Click here for a copy of the decision.

In many commercial leases in Manhattan, the landlord shifts the responsibility for snow and ice removal on the sidewalk in front of a storefront to the tenant.  Landlord often remains responsible for structural repairs but tenant is responsible for day-to-day maintenance, such as snow and ice removal.  In the wake of the Troon Management decision, commercial landlords may have their attorneys review the indemnity and insurance clauses.  Some landlords may even decide to handle the sidewalk maintenance themselves (as opposed to the tenant) and recover those costs from the tenant in the form of Common Area Maintenance (CAM) or increased rent.

For more information about commercial real estate, please contact us at (914) 338-8050.

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The Law Offices of Keith R. Betensky, Esq.
The Empire Building
26 Village Green, Suite 4
P.O. Box 22
Bedford, New York 10506-0022
(914) 338-8050
keith@betenskylaw.com
www.betenskylaw.com