Opinion
August 1, 1991
Appeal from the Supreme Court, Bronx County (Anita Florio, J.).
This is a personal injury action which arose when plaintiff, an employee of the City of New York Department of Transportation, was allegedly injured when a bench collapsed when she sat down. The building where the accident occurred had been leased by Bainbridge to the City of New York. Pursuant to the lease the landlord's responsibilities were limited to "exterior, structural, roof and sidewalk repairs" as well as periodic painting. The landlord was not otherwise obligated to maintain or repair the premises. Thus, there is no liability of this defendant to a third party allegedly injured by a defective bench, a moveable piece of furniture and not a fixture. (Manning v New York Tel. Co., 157 A.D.2d 264; Schlesinger v Rockefeller Center, 119 A.D.2d 462.) Moreover, depositions of the building manager, Stephen Scott, and plaintiff's supervisor, Flora Hall, make clear that the bench was owned by the City of New York.
Accordingly, summary judgment should have been granted.
Concur — Murphy, P.J., Milonas, Ellerin, Wallach and Smith, JJ.