BONIFACIO v. 910-930 S. BLVD.


295 A.D.2d 86 (2002)

743 N.Y.S.2d 105

ISRAEL BONIFACIO, Respondent, v. 910-930 SOUTHERN BOULEVARD LLC, Appellant.

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

June 13, 2002.


Attorney(s) appearing for the Case

H. Gary Zaslav of counsel, New York City (Allen H. Weiss on the brief; Zaslav & Auerbach, P.C., attorneys), for respondent.

John DeMatteo, III, of counsel (Marshall, Conway & Wright, P.C., attorneys), for appellant.

MAZZARELLI, J.P., ROSENBERGER, ELLERIN and MARLOW, JJ., concur.


OPINION OF THE COURT

SAXE, J.

We are asked on this appeal to consider an issue of premises liability not previously considered by the courts of this state: if an owner of premises net leases its property to a tenant, without reserving to itself any right of reentry or inspection and repair, may such owner nevertheless be held responsible in tort, pursuant to its nondelegable duty under Multiple Dwelling Law § 78, for defects at the premises through...

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