## Facts

- Edward Goetz operated an automobile garage as a month-to-month tenant in a building owned by the Nickleys.
- The garage entrance had two sliding doors; one was open and one was closed.
- Joseph Cullings arrived for service and attempted to open the closed door by shaking or pushing it with force.
- The door, allegedly defective in construction or maintenance, fell and struck Cullings, injuring him.
- At trial, the parties disputed whether the Nickleys had orally agreed with Goetz to make repairs, including repairs to the doors.
- The jury was instructed that if the Nickleys had agreed to repair and failed to do so after notice, the owners and tenant could be held liable for negligence in the unsafe condition.
- The jury found an agreement to repair and a failure to perform, and returned a verdict against Goetz and the Nickleys.

## Issues

1. Whether an out-of-possession landlord who covenants to repair leased premises is liable in tort to the tenant’s invitee injured by a defect on the premises that the landlord failed to repair.

## Decision

- The Court of Appeals affirmed the dismissal of the claims against the Nickleys (the owners/lessors).
- A covenant to repair, standing alone, did not make the owners liable in tort to persons on the premises under the tenant’s rights.
- Tort liability for conditions on leased premises ordinarily follows possession and control, which remained with Goetz.
- The verdict against Goetz (the tenant in possession) was left undisturbed.

## Legal Principles

- Generally, a landlord’s covenant to repair does not impose tort liability to the tenant or those lawfully on the land in the tenant’s right for injuries caused by defective conditions on the demised premises.
- Tort responsibility for premises conditions is an incident of occupation or control; an agreement by the landlord to repair does not, by itself, reserve control in the landlord.
- A landlord’s promise to repair may create contractual obligations to the tenant, but does not automatically create a tort duty to third parties entering under the tenant’s invitation.
- Exceptions imposing out-of-possession landlord tort liability (e.g., dangers extending beyond the leased premises or conditions affecting the public outside the tenant’s domain) do not apply when the injury occurs entirely within the tenant-controlled premises.

## Conclusion

The court held that an out-of-possession owner is not liable in negligence to a tenant’s invitee for an on-premises defect merely because the owner promised to repair; absent retained control or a recognized exception, tort liability remains with the tenant in possession.


Cullings v. Goetz, 256 N.Y. 287, 176 N.E. 397 (N.Y. 1931)