Court of Appeals’ Decision May have a “Chilling Effect” on Commercial Leases in New York City

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.

For general information about the firm, including our contact information, please click here.

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

Contact Us

Give us a call or fill in the form below and we will contact you. We endeavor to answer all inquiries within 24 hours on business days.