Clause in Sublease Agreement Lead to Dismissal for Municipal Owner

NEW YORK - A New York trial court dismissed a personal injury mold lawsuit against the city's Industrial Development Agency and a realty company after finding that responsibility for premises maintenance had been assigned to a non-party. Kelly, et al. v. City of New York, et al., No. 14575/04 (N.Y. Sup., Queens Cty.).

In a one-paragraph order issued on July 15, Queens County Supreme Court Justice Peter J. O'Donoghue explained that defendant PEC Realty Corp. had assigned all rights and obligations in the building at issue to a private electrical firm on the same day that PEC signed a lease …