Defendants 845 Third, the building owner, and Rudin, the manager, demonstrated that they had no obligation to make repairs to the misleveled elevator. The lease between 845 Third and the nonparty tenant establishes that the owner was an out-of-possession landlord with a right to reenter the premises to make repairs. However, since the defect in the elevator was not a structural or design defect that violated a specific statutory provision, defendants cannot be held liable...
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