Gibbs v New Ram Realty, LLC
Attorneys and Parties
Brief Summary
Premises liability—slip-and-fall, out-of-possession landlord liability, and notice requirements in a hotel setting.
The Supreme Court, Queens County, denied summary judgment to the owner KCM Realty Company, L.P. and the lessee/operator New Ram Realty, LLC, allowing the plaintiff’s claims to proceed.
The Appellate Division reversed and granted summary judgment dismissing the complaint against KCM Realty Company, L.P. and New Ram Realty, LLC.
KCM Realty Company, L.P., as an out-of-possession landlord, had not retained control or assumed a duty by contract or course of conduct. New Ram Realty, LLC established it neither created nor had actual or constructive notice of the transient water condition. Plaintiff’s testimony showed no prior leaks or complaints and no water after his 6:00 p.m. shower; hotel records reflected no prior similar incidents; and plaintiff’s opposition relied on inadmissible hearsay from an unidentified City employee, insufficient to raise a triable issue.
Background
Plaintiff, a long-term hotel guest, allegedly slipped at approximately 1:00 a.m. on a puddle in his bathroom, claiming the water originated from a leak in another room. He had showered around 6:00 p.m. with no water remaining on the floor and had never observed or reported prior leaks. The premises was owned by KCM Realty Company, L.P. (a limited partnership (L.P.)) and leased/operated by New Ram Realty, LLC (a limited liability company (LLC.)).
Lower Court Decision
On a motion by KCM Realty Company, L.P., New Ram Realty, LLC, and Harshad Patel for summary judgment, the Supreme Court, Queens County (Dec. 6, 2023) denied the branches seeking dismissal of the complaint against KCM Realty Company, L.P. and New Ram Realty, LLC.
Appellate Division Reversal
The Appellate Division reversed, holding KCM Realty Company, L.P. was an out-of-possession landlord with no contractual or assumed duty to repair, and New Ram Realty, LLC established it did not create or have actual or constructive notice of the hazardous condition. Plaintiff’s deposition confirmed no prior leaks or visible water before the incident; hotel management records showed no prior similar complaints; and plaintiff’s hearsay submissions were insufficient. The complaint was dismissed as against KCM Realty Company, L.P. and New Ram Realty, LLC.
Legal Significance
Reaffirms that an out-of-possession landlord is not liable absent retained control with a statutory, contractual, or assumed duty, and that slip-and-fall defendants meet their summary judgment burden by showing lack of creation and absence of actual or constructive notice. Constructive notice requires a visible, apparent defect existing for sufficient time to be discovered and remedied; hearsay cannot create a triable issue.
Owners out of possession avoid liability without retained control or assumed repair duties, and operators defeat slip-and-fall claims where the condition was transient, unreported, and undocumented, and the plaintiff offers only hearsay to oppose summary judgment.