Court rules on liability in personal injury case involving deli

A New York appellate court recently ruled on a personal injury case involving a deli and an out-of-possession landlord. The decision, made on August 12, 2026, clarifies the responsibilities of landlords regarding injuries that occur on their properties. This ruling affects property owners and tenants, particularly in commercial leases.

The case, Bonilla v. 702 Rockaway Ave., LLC, stems from an incident where plaintiff Federico Bonilla was injured after being struck on the head by closing cellar doors while delivering beer. The court's decision highlights important legal principles concerning liability and control over property.

Background

The plaintiffs in this case are Federico Bonilla and others, who filed a lawsuit against 702 Rockaway Avenue, LLC, and Livonia Deli Corp. The dispute arose after Bonilla sustained injuries while working at the deli. He claimed that the closing cellar doors posed a dangerous condition that led to his injury.

702 Rockaway Avenue, LLC, owned the property where the deli operated and leased the retail space and basement to Livonia Deli Corp. The case reached the Appellate Division of the Supreme Court of New York after Livonia Deli Corp. appealed a lower court's decision. The lower court had granted a motion for summary judgment in favor of 702 Rockaway Avenue, LLC, dismissing the complaint against it.

The Ruling

The Appellate Division upheld the lower court's decision, affirming that 702 Rockaway Avenue, LLC, was not liable for Bonilla's injuries. The court ruled that an out-of-possession landlord like Rockaway is generally not responsible for injuries on the premises unless it retains control over the property or has a duty to maintain it.

The court stated, "An out-of-possession landlord and its agent are generally not responsible for injuries that occur on the subject premises unless the landlord has retained control over the premises and is contractually or statutorily obligated to repair or maintain the premises or has assumed a duty to repair or maintain the premises by virtue of a course of conduct."

The judges involved in the ruling were Lara J. Genovesi, William G. Ford, Carl J. Landicino, and Susan Quirk. They found that Rockaway had relinquished control of the property to Livonia and had not assumed any duty to maintain it. The evidence showed that Livonia had the key to the cellar doors and was responsible for their maintenance.

The court also noted that Livonia failed to raise any issues of fact that would challenge Rockaway's position. Livonia's arguments regarding violations of city codes were deemed improperly raised for the first time on appeal.

Impact

This ruling has significant implications for landlords and tenants in New York. It clarifies the responsibilities of out-of-possession landlords, emphasizing that they are generally not liable for injuries unless they maintain some control over the property. This decision may deter personal injury claims against landlords who have properly transferred control and maintenance responsibilities to tenants.

The ruling also reinforces the importance of clear lease agreements and maintenance responsibilities. Landlords and tenants must understand their obligations to avoid potential liability for injuries that occur on the property. This case sets a precedent for similar future cases involving landlord-tenant disputes and personal injury claims.

What's Next

Livonia Deli Corp. may not have further options for appeal regarding this ruling, as the court affirmed the lower court's decision. Details about any related cases were not available in the court filing.