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Fourth Department — Slip and Fall: Maisano v. McDonald’s Corporation
Daily Record Staff//October 24, 2013//
Fourth Department — Slip and Fall: Maisano v. McDonald’s Corporation
Daily Record Staff//October 24, 2013//
Appellate Division, Fourth Department
Franchisor/Franchisee — Out-of-possession Landlord
Maisano v. McDonald’s Corporation
CA 13-00061
Appealed from Supreme Court, Erie County
Background: The plaintiff commenced an action to recover damages after he slipped and fell on snow and ice on the sidewalk at a McDonald’s franchise. The defendants moved for summary judgment after the plaintiff filed a third amended complaint. The complaints were dismissed and the plaintiff appealed.
Ruling: The Appellate Division affirmed the dismissal. The court held that the defendant established that as a franchisor, it lacked day-to-day control over the franchisee. Further, the defendant had demonstrated that it was an out-of-possession landlord who did not retain control over the premises and was not obligated to repair or maintain the premises.
Kenneth A. Szyszkowski of Andrews, Bernstein & Maranto for the plaintiff-appellant; James C. Brady of Brady & Carafa for the defendant-respondent
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