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Chalouh v. Lati, LLC
Citations: 2016 NY Slip Op 7156; 144 A.D.3d 621; 39 N.Y.S.3d 827Docket: 2014-08000
Court: Appellate Division of the Supreme Court of the State of New York; November 2, 2016; New York; State Appellate Court
Original Court Document: View Document
In the case of Chalouh v. Lati, LLC, the Appellate Division of the Supreme Court of New York affirmed a lower court's decision granting summary judgment in favor of the defendant, Lati, LLC, dismissing the complaint against it. The lawsuit arose from an incident where the plaintiff's child was injured by a piece of wood that fell from a sukkah on the balcony of a second-floor apartment occupied by Salim Alfieh, a tenant of Lati, LLC. The court found that an out-of-possession landlord like Lati, LLC can only be held liable for injuries on its premises if it has retained control over the premises and is contractually or statutorily obligated to maintain them or has assumed such a duty through its actions. In this instance, Lati, LLC demonstrated that it was not responsible for maintaining the sukkah, which was a temporary structure erected by Alfieh for the Jewish holiday of Succoth, and that it had not assumed any duty to repair or maintain it. The plaintiff failed to present any evidence to establish a triable issue of fact regarding the landlord's obligations. Consequently, the Appellate Division upheld the lower court's ruling, affirming the dismissal of the complaint against Lati, LLC. The decision was made on November 2, 2016, and was published as part of New York State law reporting.