FISKO v. PORT AUTHORITY OF NEW YORK AND NEW JERSEY


293 A.D.2d 350 (2002)

740 N.Y.S.2d 207

BARBARA FISKO et al., Appellants, v. PORT AUTHORITY OF NEW YORK AND NEW JERSEY, Respondent.

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

Decided April 18, 2002.


Defendant, as an out-of-possession landlord, could not be held liable under the circumstances, since there is no indication that it had notice of the alleged hazard, a defectively secured drain hole cover, and the relevant lease provision plainly demonstrates that the parties to the lease intended that the tenant would be responsible for routinely maintaining the "good order and condition" of fixtures such as the drain hole cover (see, Velazquez v Tyler Graphics, ...

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