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GIL v. M. SOPHER & CO., LLC

458, 304650/12.

137 A.D.3d 508 (2016)

26 N.Y.S.3d 473

2016 NY Slip Op 01622

YAJAIRA GIL, Appellant, v. M. SOPHER & COMPANY, LLC, Respondent.

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

Decided March 8, 2016.

Plaintiff's bill of particulars and deposition testimony and her husband's affidavit raise an issue of fact as to whether defendant was contractually obligated to make repairs and/or maintain the premises or had a contractual right to reenter, inspect and make needed repairs at the tenant's expense (see Johnson v Urena Serv. Ctr., 227 A.D.2d 325 [1st Dept 1996], lv denied 88 N.Y...

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