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CLARKE v. 158 ST. & RIVERSIDE DRIVE HOUS. CO., INC.

245 A.D.2d 208 (1997)

665 N.Y.S.2d 898

Claire Clarke, Appellant, v. 158 St. & Riverside Drive Housing Co., Inc., Respondent. (And a Third-Party Action.)

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

December 23, 1997

Summary judgment was properly granted in favor of defendant, an out-of-possession landlord having only a general right of reentry, where defendant established that neither structural failure nor specific statutory violation was involved (see, Raynor v 666 Fifth Ave. Ltd. Partnership, 232 A.D.2d 226). Plaintiff failed to produce evidence that defendant had notice of the defect or had entered into a covenant to be responsible...

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