Love v Chang Li Supermarket, Inc.

Holding The Appellate Division reversed the dismissal of the complaint against the out-of-possession landlord because it failed to establish it was not contractually obligated to repair the roof, which caused the puddle. The court affirmed the denial of summary judgment for the tenant supermarket because triable issues of fact remained regarding actual or constructive notice of the hazard.

The court’s words

Tompkins Management, an out-of-possession landlord, failed to establish prima facie that it was not contractually obligated to repair or maintain the premises

2026 NY Slip Op 06527, at the official text

The lease between Tompkins Management and its tenant Chang Li imposed the duty to make structural repairs to the premises, including repairs to the roof

2026 NY Slip Op 06527, at the official text

Surveillance video did not prove that the supermarket's manager saw the puddle, nor did it prove that the puddle was there for a sufficient time to establish constructive notice as a matter of law

2026 NY Slip Op 06527, at the official text