ACKERMAN v. D'AGOSTINO SUPERMARKETS, INC.

7099, 340006/08.

96 A.D.3d 672 (2012)

948 N.Y.S.2d 258

2012 NY Slip Op 5240

JEROME ACKERMAN et al., Appellants, v. D'AGOSTINO SUPERMARKETS, INC., Respondent, et al., Defendants.

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

June 28, 2012.


In their first cause of action, plaintiffs alleged that D'Agostino breached the parties' lease by failing to maintain the fire alarm and sprinkler systems, and that such failure resulted in damage to the subject premises. Contrary to the motion court's finding, plaintiffs' nondelegable duties with regard to the premises did not preclude the grant of summary judgment, because D'Agostino contractually assumed full responsibility for maintaining the sprinkler system (see...

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