COLLADO v. CRUZ

4320, 21872/06.

81 A.D.3d 542 (2011)

917 N.Y.S.2d 178

MILAGROS COLLADO, Plaintiff, v. ANTONIO CRUZ, Respondent, and PICHON III, INC., Appellant.

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

Decided February 22, 2011.


Plaintiff tripped and fell on a broken sidewalk in front of a building owned by defendant Cruz and leased by defendant-appellant tenant for use as a grocery store. The lease provided at paragraph 30 that the tenant shall "make all repairs and replacements to the sidewalks and curbs adjacent thereto." The tenant asserts that paragraph 4 of the lease and paragraph 58 of the addendum to the lease made the tenant responsible only for nonstructural repairs. Since the sidewalk...

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