RUBINSTEIN v. 115 SPRING STREET OWNERS CORP.

2814, 113320/11.

146 A.D.3d 618 (2017)

2017 NY Slip Op 00414

45 N.Y.S.3d 430

GILA RUBINSTEIN et al., Respondents, v. 115 SPRING STREET OWNERS CORP. et al., Appellants-Respondents, and OPERA GALLERY, INC., Respondent-Appellant.

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

Decided January 19, 2017.


"A landlord is [generally not] liable for negligence with respect to the condition of [the] property after [the] transfer of possession and control to a tenant unless the landlord is either contractually obligated to make repairs or maintain the premises, or has a contractual right to reenter, inspect and make needed repairs at the tenant's expense, and liability is based on a significant structural or design defect that is contrary to a specific statutory safety provision...

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