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SANGIORGIO v. ACE TOWING AND RECOVERY

13 A.D.3d 433 (2004)

785 N.Y.S.2d 51

JENNIFER SANGIORGIO, Appellant, et al., Plaintiff, v. ACE TOWING AND RECOVERY et al., Defendants, and EDSAL MACHINE PRODUCTS, INC., Respondent.

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

December 13, 2004.

Ordered that the order is affirmed insofar as appealed from, with costs.

An out-of-possession landlord is not liable for injuries that occur on the premises after the transfer of possession and control to a tenant unless the landlord (1) is contractually obligated to repair the premises, or (2) has reserved the right to enter the premises to make repairs, and liability is based on a significant structural or design defect...

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