GANTZ v. KURZ


203 A.D.2d 240 (1994)

610 N.Y.S.2d 279

Mordechy Gantz et al., Respondents, v. Chiel Kurz et al., Appellants. (And a Third-Party Action.)

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

April 4, 1994


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

An out-of-possession landlord's reservation of the right, under the terms of a lease, to enter upon the premises for the purpose of inspecting it and making repairs to it may be deemed to constitute sufficient retention of control to permit a finding that the landlord had constructive notice of a defective condition, in violation of an obligation imposed by statute, and to subject the landlord...

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