inability to recover from the landlord: the injury took place on a portion of the premises neither used nor intended for use by the general public. Id. at 27-28. ¶ 22 In contrast to the jurisdictions discussed above, New York does permit employees to recover under the public use exception, but only if the employee’s injuries were sustained in . an area of the leased premises that was open to the public and not reserved for employees. Brady v. Cocozzo, 174 A.D.2d 814, 570 N.Y.S.2d 748 (1991) (affirming the trial court’s denial of the defendant-landlord’s motion for summary judgment in a personal injury action filed by an employee at the leased premises, a gas station, after she was injured in a public restroom of the station); Strode v. Ryan, 97 A.D.2d 880, 470 N.Y.S.2d 707 (1983) (<HOLDING>). ¶23 After careful consideration of the issue,
holding under kansas law that a plumber who was injured while inspecting the leased premises in order to prepare an estimate for plumbing work had not entered the premises for the purpose for which they were leased and thus could not rely on the public use exception holding section 625 only requires a showing that the conduct was done in a place that is open to the public or where the public has a right to be recognizing a landlords duty for injuries sustained on leased premises where the landlord is aware that the premises are leased with intent to admit the public recognizing the public interest exception holding that the public use exception was not applicable because the injury to the tenants employee occurred in an area of the leased premises that was not open to the public but was used only by employees