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SANTOS v. TOODLE LOU REST. & BAR

192 A.D.2d 418 (1993)

596 N.Y.S.2d 395

Kathie C. Santos, Respondent, v. Toodle Lou Restaurant and Bar, Appellant, and Lex Eleven Corp., Respondent

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

April 20, 1993

The provision in the ten-year lease requiring defendant tenant to make all non-structural repairs obligated the tenant to repair the defective metal stripping, cement step patch and staircase handrail that contributed to plaintiff's fall. While the issue of apportionment of liability between the tenant and defendant landlord should have been submitted to the jury since their respective cross-claims against each other stated claims...

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