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PIRRAGLIA v. CCC REALTY NY CORP.

35 A.D.3d 234 (2006)

828 N.Y.S.2d 6

EDWARD PIRRAGLIA et al., Respondents, v. CCC REALTY NY CORP., Appellant, et al., Defendant. (And a Third-Party Action.)

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

Decided December 12, 2006.

Plaintiff firefighter sustained personal injury when he fell through an unprotected cellar door while responding to a restaurant fire at premises owned by CCC Realty. An out-of-possession landlord who reserves a right of entry in the lease in order to inspect the premises and make necessary repairs is deemed to have constructive notice of any existing statutory violations (see Guzman v Haven Plaza Hous. Dev. Fund Co., 69 N.Y.2d 559

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