18 N.Y.3d 374 (2011)
A landowner’s duty to maintain property in a reasonably safe condition extends to situations where the landowner retains or exercises control over the property, even when an independent contractor is also responsible for operations.
Summary
John Gronski, an employee of Metro Waste, was injured at a recycling center owned by Monroe County but operated by Metro Waste. A bale of paper fell on him due to allegedly improper stacking. Gronski sued the County, arguing negligence. The County moved for summary judgment, claiming it relinquished control to Metro Waste. The Court of Appeals reversed the lower courts’ grant of summary judgment, holding that a question of fact existed regarding the County’s control over the facility, based on the agreement between the County and Metro Waste and the County’s actual conduct. The County’s retained rights and visible presence raised a triable issue as to whether it exercised sufficient control to owe Gronski a duty of care.
Facts
Metro Waste operated a recycling center owned by Monroe County under an operations and maintenance agreement. The agreement assigned responsibility for repair, maintenance, and safety to Metro Waste. However, the County retained the right of access, the right to determine authorized users, access to records, termination rights, and approval of Metro Waste’s annual program manual. Gronski was injured when an improperly stacked bale of paper fell on him. An OSHA investigation cited Metro Waste for regulatory violations related to unsecured stacking.
Procedural History
Gronski sued the County, alleging negligence. The Supreme Court granted the County’s motion for summary judgment, finding that the County had relinquished control to Metro Waste, like an out-of-possession landlord. The Appellate Division affirmed. The Court of Appeals granted leave to appeal.
Issue(s)
Whether the County relinquished sufficient control over the recycling center to Metro Waste, such that the County owed no duty of care to Gronski for unsafe conditions on the premises.
Holding
No, because a question of fact exists as to whether and to what extent the County exercised control over the property, based on the agreement and the County’s conduct.
Court’s Reasoning
The Court of Appeals rejected the out-of-possession landlord standard, as no leasehold was created. Landowners owe a duty of care to maintain property in a reasonably safe condition based on their exercise of control. The Court distinguished Butler v. Rafferty, noting that the County, unlike the cotenant in Butler, had supervisory rights and access to the facility. The agreement vested the County with ultimate approval authority over Metro Waste’s operating procedures. County personnel conducted regular tours and inspections. The Court emphasized that focusing solely on the written agreement, as the lower courts did, was error; the County’s actual conduct was also relevant. The Court cited Ritto v. Goldberg, emphasizing that a landlord’s intervention in a tenant’s business operations can create a question of fact as to control, even with a lease transferring possession. Viewing the evidence favorably to Gronski, the Court found a triable issue of fact as to whether the County exercised sufficient control to owe him a duty of care to prevent the dangerous condition. The dissent argued that the County did not intervene to the point of inducing reliance by Metro Waste or its employees, and emphasized the agreement’s comprehensive assignment of responsibility to Metro Waste. The majority countered that reliance is not a distinct element required in all control analyses, especially without a leasehold.