Mortgage holder escapes liability for sidewalk slip and fall
In May 2024, Nissan moved for summary judgment – a ruling without a full trial – arguing it had no legal obligation to maintain the property or its sidewalk. An employee submitted an affidavit stating the company “did not own, possess, or control the property” at any relevant time. The Supreme Court, Queens County, granted the motion and dismissed the claims against Nissan in October 2024.
The appellate court affirmed, unanimously.
The ruling rested on a basic principle of New York premises liability: to be liable for a dangerous condition on property, a party needs ownership, occupancy, control, or special use. No factor, no liability.
The court also spelled out the difference between a regular mortgagee and a “mortgagee in possession” – one that takes control of the property by agreement with the borrower, typically after a default, with the right to enter and collect rents. Nissan was squarely in the first camp.
The plaintiff argued the motion was premature because discovery was still open. The court was unpersuaded, noting she failed to show that further discovery could produce relevant evidence. Hoping something might turn up, the court said, is not enough.
