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LARKIN v. RADIO CITY MUSIC HALL CORPORATION

282 A.D.2d 405 (2001)

723 N.Y.S.2d 496

DENNIS LARKIN, by His Legal Guardian and Conservatrix, AUDREY LARKIN, et al., Respondents, v. RADIO CITY MUSIC HALL CORPORATION et al., Defendants, and ROBERT LONGBOTTOM et al., Appellants.

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

Decided April 26, 2001.

An issue of fact exists as to whether defendant landlords, at the time of the accident, were responsible for maintenance of the stage elevator and its shaft into which plaintiff fell. Such issue is largely attributable to the landlords' failure to produce the lease that was in effect at the time of the accident (see, Buckley v Rockefeller Group, 143 A.D.2d 623). The 1982 lease on which the landlords appear to rely is simply not consonant...

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