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HEIM v. TRUSTEES OF COLUMBIA UNIVERSITY IN CITY OF NEW YORK

4271, 113467/07.

81 A.D.3d 507 (2011)

917 N.Y.S.2d 159

EDWARD HEIM et al., Respondents, v. THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK, Appellant, and CITY OF NEW YORK et al., Respondents.

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

Decided February 17, 2011.

An out-of-possession landlord with a right of reentry may be held liable where it has constructive notice of a "significant structural or design defect in violation of a specific statutory safety provision" (Quinones v 27 Third City King Rest., 198 A.D.2d 23, 24 [1993]). Columbia's contention that it did not have a right to reenter the premises to inspect or make repairs is belied by the plain language of the governing lease...

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