FISCHBEIN v. 1498 THIRD REALTY CORP.


225 A.D.2d 1104 (1996)

639 N.Y.S.2d 591

Beth W. Fischbein, Appellant, v. 1498 Third Realty Corporation, Respondent, et al., Defendants

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

March 8, 1996


Order unanimously affirmed without costs.

Memorandum:

Plaintiff fractured her left ankle when she slipped on a wet spot in a bar owned and operated by C&E Corporation, which leased the premises from 1498 Third Realty Corporation (defendant). Supreme Court properly granted defendant's motion for summary judgment dismissing the complaint. Where, as here, an owner out of possession retains the right to reenter and make repairs to the demised property, the...

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