NUSSBAUM v. 150 WEST END AVENUE OWNERS CORP.

3260, 101126/09

76 A.D.3d 914 (2010)

907 N.Y.S.2d 674

JAMES NUSSBAUM et al., Appellants, v. 150 WEST END AVENUE OWNERS CORP., Respondent, et al., Defendants.

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

Decided September 28, 2010.


The clause in the proprietary lease placing "sole responsibility" for maintenance and repair of the unit's interior, "including interior walls, floors and ceilings, but excluding windows... [and] entrance and terrace doors," on the unit's lessee, definitively establishes that defendant coop, the building's owner, owed plaintiffs, one of the unit's lessees and her injured spouse, no duty of care with respect to the allegedly defective shower door (see Machado v Clinton...

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