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ESPINOSA v. TINY COVE REALTY CORP.

254 A.D.2d 22 (1998)

677 N.Y.S.2d 787

Peggy Espinosa, Respondent, v. Tiny Cove Realty Corp., Appellant, and City of New York, Respondent

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

October 1, 1998

Plaintiff tenant was allegedly injured due to a cracked step leading down from the sidewalk to the building's doorway, which was below street level. Under the net lease, plaintiff assumed responsibility for making "all repairs both ordinary and extra-ordinary; inside, outside and structural" to the leased premises, defined as the "building known as * * * 738 St. Nicholas Avenue". In the absence of a specific statutory violation or...

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