HAKIM v. 65 EIGHTH AVENUE, LLC


42 A.D.3d 374 (2007)

840 N.Y.S.2d 323

SIMONETTE HAKIM, Respondent, v. 65 EIGHTH AVENUE, LLC, et al., Appellants.

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

Decided July 19, 2007.


Plaintiff tenant was injured when the metal roll-up security gate outside her store became detached from the building. An out-of-possession landlord who reserves in the lease a right of reentry 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, 566-567 [1987]). The damage to the security gate was...

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