DIMAS v. 160 WATER ST. ASSOCS.


191 A.D.2d 290 (1993)

594 N.Y.S.2d 262

John Dimas et al., Respondents, v. 160 Water Street Associates, Appellant and Third-Party Plaintiff-Appellant. Standard and Chartered Banking Group, Ltd., Third-Party Defendant-Respondent

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

March 16, 1993


Although the lease in question appears to require the tenant to maintain and repair the lighting fixtures in its portion of the building, the record contains evidence of a course of conduct tending to show that the landlord sometimes assumed control of such maintenance and repair, and which raises an issue of fact as to who was responsible for the maintenance and repair of the lighting fixture (see, Ritto v Goldberg, 27 N.Y.2d 887

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