Thomas Gentile (Partner-Florham Park, NJ) and Gillian Fisher (Of Counsel-Florham Park, NJ) obtained affirmance of a trial court’s grant of summary judgment in the Appellate Division, First Department on behalf of a landlord. The plaintiff sustained injuries within a leased commercial space and sought to impose liability on the firm’s client. In one of the first post-pandemic live oral arguments before the First Department, Tom argued the standard for finding that the landlord is out-of-possession and the impact of public safety regulations on the landlord’s potential liability. The five-judge panel of the First Department unanimously affirmed the trial court’s grant of summary judgment in favor of the firm’s client.