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KITTAY v. MOSKOWITZ

Nos. 7529, 23119/06.

95 A.D.3d 451 (2012)

944 N.Y.S.2d 497

2012 NY Slip Op 3520

DAVID R. KITTAY, as Chapter 7 Trustee of the Estate of ABBIE DASTPARVARDEH, Debtor, Appellant-Respondent, v. HERBERT MOSKOWITZ, Respondent and HUDSON RIVER INTERNATIONAL LLC, Respondent-Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 3, 2012.

The record demonstrates that defendant Moskowitz was an out-of-possession landlord, with no duty to maintain the premises. Notwithstanding that he had a limited right to reenter the premises, at reasonable times, to make repairs not made by the tenant, Moskowitz cannot be held liable for plaintiff's decedent's injuries because the record does not establish that the basis of that liability is "a significant structural or design defect...

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