BOATENG v. FOUR PLUS CORPORATION


22 A.D.3d 323 (2005)

802 N.Y.S.2d 418

SAMUEL BOATENG, Respondent, v. FOUR PLUS CORPORATION et al., Appellants.

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

October 13, 2005.


The uncontradicted facts in the record show that the defendants Four Plus Corporation and Chase Manhattan Bank, N.A., were out-of-possession landlords who retained no more than a right of reentry to inspect and make repairs. Full responsibility for maintenance and repair of the leased premises had, under the governing lease, been placed with the tenant. In light of the landlords' out-of possession status, plaintiff, to raise an issue of fact as to whether the landlords had...

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