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DeLEON v. RAJON CO.

243 A.D.2d 366 (1997)

664 N.Y.S.2d 545

Adam DeLeon, Appellant, v. Rajon Company et al., Respondents and Third-Party Plaintiffs. Dollar-Rent-a-Car, Third-Party Defendant-Respondent

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

October 23, 1997

The IAS Court correctly held that defendant landlord could not be held liable in the absence of contractual language obligating it to inspect and repair the allegedly defective elevator (see, Canela v Foodways Supermarket, 188 A.D.2d 416). However, it was error to grant summary judgment in favor of defendant tenant, there being issues of fact as to whether, among other things, the alleged defect was a proximate cause of plaintiff...

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