In view of defendant-appellant landlord's contractual undertaking to repair the roof of its leased premises, its contention that the complaint should be dismissed as against it for lack of notice of the roof leak upon these premises that is alleged to have caused plaintiff's harm, is without merit. Defendant-appellant may be charged with notice of the seven-month-old defect it contracted to remedy (see, Putnam v Stout,
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DWELLINGHAM v. 125 UPTOWN REALTY ASSOCIATES
279 A.D.2d 261 (2001)
718 N.Y.S.2d 348
ALVA DWELLINGHAM, Respondent, v. 125 UPTOWN REALTY ASSOCIATES, Appellant, and STRAWBERRY STORES, INC., Respondent. (And a Third-Party Action.)
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided January 4, 2001.
Decided January 4, 2001.
Appellate Division of the Supreme Court of the State of New York, First Department.
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