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SOSTRE v. JAEGER

38 A.D.3d 234 (2007)

832 N.Y.S.2d 150

GIOVANNI SOSTRE et al., Respondents, v. LUELLEN JAEGER, Doing Business as ALT JAY REALTY CO., et al., Appellants. LUELLEN JAEGER, Doing Business as ALT JAY REALTY CO., Third-Party Plaintiff-Appellant-Respondent, v. STARBUCKS CORPORATION, Third-Party Defendant-Respondent-Appellant.

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

Decided March 6, 2007.

Although an out-of-possession landlord, Alt may be held liable for the explosion that allegedly caused plaintiff's injuries because it expressly reserved a right under the lease to enter the premises for the purpose of inspection, maintenance and repair, and as plaintiff's expert set forth specific statutory violations and/or structural defects with respect to the electrical system (see Guzman v Haven Plaza Hous. Dev. Fund Co., 69 N.Y.2d 559

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