Mella v Russian Samovar, Inc.

Holding The out-of-possession landlord was not contractually obligated to maintain the lighting, which was not a structural defect, and was entitled to summary judgment on its cross-claim for contractual indemnification. The plaintiff’s expert evidence was insufficient to raise a triable issue of fact regarding the proximate cause of the accident.

The court’s words

Nederlander, as an out-of-possession landlord, was not contractually obligated to make repairs or maintain the lighting

2026 NY Slip Op 06065, at the official text

The alleged low lighting in the restaurant was not a structural defect because it was set by the restaurant's employees

2026 NY Slip Op 06065, at the official text

Nederlander established that plaintiff's vague allegations in the bill of particulars and expert affidavit listing defects other than the low lighting were insufficient

2026 NY Slip Op 06065, at the official text

Nederlander is entitled to contractual indemnification from Russian pursuant to the lease, as there are no questions of fact as to Nederlander's negligence

2026 NY Slip Op 06065, at the official text