McAvoy v. Dolgencorp, LLC (Lawyers Weekly No. 002-156-17, 5 pp.) (Richard Mark Gergel, J.) 9:17-cv-00754; D.S.C.
Holding: A landlord ordinarily has no duty to maintain premises that are under the control of a tenant, but here the defendant-tenant and the defendant-landlord agreed that the landlord would maintain structural aspects of the premises, including structural floors. Since plaintiff alleges that he was injured when he stepped into a hole in the floor of a store aisle, it is plausible that the landlord’s failure to maintain the structural floors caused plaintiff’s alleged injury.
The court denies the landlord’s motion to dismiss the tenant’s crossclaims for indemnification and contribution.