RAMIREZ v. 101465 REALTY, INC.


39 A.D.3d 236 (2007)

831 N.Y.S.2d 704

EDWIN RAMIREZ et al., Respondents, v. 101465 REALTY, INC., Appellant, and V & F GREENWICH VILLAGE, INC., Doing Business as FAMOUS RAY'S PIZZA, Respondent.

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

Decided April 3, 2007.


The relevant leases reserve to defendant landlord 101465 Realty, Inc. the right to reenter the demised premises for the purpose of inspection and repair. That reservation together with the circumstance that the summary judgment movant's evidence did not disprove plaintiff's allegation that the premises stairwell where he fell had significant structural or design defects in violation of the New York City Building Code, dictated the motion's denial (see Kraus v Caliche Realty...

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