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NUNEZ v. ALFRED BLEYER & CO., INC.

304 A.D.2d 734 (2003)

757 N.Y.S.2d 798

IRIS NUNEZ et al., Appellants, v. ALFRED BLEYER & CO., INC., Doing Business as ALMAR GROUP, INC., Also Known as BLEYER REALTY CORP., Respondent.

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

Decided April 21, 2003.

Ordered that the order is affirmed, with costs.

In the absence of a duty imposed by statute, an out-of-possession landlord's reservation of a right to enter a leased premises to make repairs is insufficient to give rise to liability for a subsequently arising dangerous condition (see Guzman v Haven Plaza Hous. Dev. Fund Co., 69 N.Y.2d 559 [1987]; Angwin v SRF Partnership, 285 A.D.2d 570...

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