Gronski v. County of Monroe

Summary

The New York Court of Appeals held that a factual issue existed as to whether Monroe County exercised sufficient control over a county-owned recycling center to owe a duty of care to an injured worker. The court rejected applying an out-of-possession landlord standard because the agreement with the independent operator did not create a leasehold and because the County retained supervisory rights and access that it exercised in practice. The court reversed the denial of liability on summary judgment and remanded for determination of the County's control and duty.

Holdings

1. The out-of-possession-landlord standard was improperly applied because the agreement did not create a leasehold between the County and Metro Waste.
2. A landowner's duty to maintain property in a reasonably safe condition is premised on possession and control, and control is a question of both law and fact.
3. The County did not establish as a matter of law that it relinquished complete control over the recycling center; whether it exercised sufficient control to owe a duty was for the trier of fact.

Questions Presented

1. Whether the County could be treated as an out-of-possession landlord that owed no duty for unsafe conditions at the recycling center.
2. Whether the agreement and the parties' course of conduct established as a matter of law that the County relinquished control over the facility.
3. Whether a triable issue of fact existed concerning the County's control of the facility and resulting duty to prevent or remedy the unsafe condition.

Disposition

reversed