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WIESEN v. MOPPA

199 A.D.2d 312 (1993)

604 N.Y.S.2d 265

Gloria Wiesen, Respondent, v. Baruch Moppa, Appellant, et al., Defendants, and Fire Command Co., Inc., Respondent

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

December 13, 1993

Ordered that the order is affirmed insofar as appealed from, with costs payable to the plaintiff.

When an owner out of possession reserves a right under the terms of a lease to enter upon the premises for purpose of inspecting the same and making certain repairs thereon, the reservation may be deemed to constitute sufficient retention of control so as to permit a finding that he or she had constructive notice of the defective...

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