DALLAS v. ZCWK ASSOCIATES, L.P.


287 A.D.2d 304 (2001)

731 N.Y.S.2d 428

MILES B. DALLAS, Appellant, v. ZCWK ASSOCIATES, L.P., Respondent and Third-Party Plaintiff-Respondent. NEW WORLD GRILL, Third-Party Defendant-Respondent.

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

Decided October 11, 2001.


The action must be dismissed because the owner was an out-of-possession landlord with a right of reentry only to make structural repairs, and no cognizable claim is made that the accident was caused by a structural defect. While the lease between the owner and the restaurant, insofar as it related to the "temporary storage area" where plaintiff fell, was terminable on 30 days notice by the owner, and while the owner had previously taken possession of the storeroom for six...

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