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FORD v. WEISHAUS

4650, 302542/07.

86 A.D.3d 421 (2011)

926 N.Y.S.2d 103

2011 NY Slip Op 5858

JAMES R. FORD, Respondent, v. URIAN WEISHAUS, Defendant, and CORRINE WEISHAUS, Appellant.

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

Decided July 7, 2011.

Plaintiff alleges that he was injured when he tripped on a cracked floor at premises owned by defendant and leased by plaintiff's employer, presently on a month-to-month basis. In support of her motion to dismiss on the ground that she is an out-of-possession landlord, defendant submitted a 1984 lease imposing maintenance and repair obligations on the tenant. However, she previously gave deposition testimony indicating that changes...

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