ESQ HQNEW YORK LAW WATCH

Appellate Term, Second Department · June 17, 2026 · 2026 NY Slip Op 51305[U]

Jovanovic v Falsons Realty Corp.

Read the official decision: 2026 NY Slip Op 51305[U]

Holding The court reversed the lower court’s denial of summary judgment, granting the out-of-possession landlord’s motion to dismiss the complaint. The landlord owed no duty to repair the conveyor belt or basement floor as its contractual obligations were limited to keeping the premises leak-free, and the plaintiffs failed to prove the cause of the accident beyond speculation.

The court’s words

an out-of-possession landlord is not liable for injuries caused by a dangerous condition on leased premises in the absence of a duty imposed by statute or assumed by contract or a course of conduct

2026 NY Slip Op 51305[U], at the official text

the trier of fact would be required to base a finding of proximate cause upon nothing more than speculation

2026 NY Slip Op 51305[U], at the official text
CourtAppellate Term, Second Department
DecidedJune 17, 2026
Citation2026 NY Slip Op 51305[U]
Area of lawPersonal Injury and Negligence
WeekWeek ending June 20, 2026
Official textOfficial decision: 2026 NY Slip Op 51305[U]
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id294

Recommended citation

ESQ HQ, New York Law Watch, Jovanovic v Falsons Realty Corp., 2026 NY Slip Op 51305[U] (Appellate Term, Second Department, June 17, 2026), https://esqhq.com/decisions/2026-ny-slip-op-51305-u/

How this record was made

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

Read how Law Watch works

Published June 17, 2026. Updated June 17, 2026.