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DeJESUS v. TAVARES

1368, 304767/13, 1378.

140 A.D.3d 433 (2016)

33 N.Y.S.3d 47

2016 NY Slip Op 04332

ROBERTO DeJESUS, Appellant, v. ANA TAVARES, Defendant, and YAQUELINE M. MORALES, Respondent.

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

Decided June 7, 2016.

An out-of-possession landlord is generally not liable for negligence with respect to the condition of the demised premises unless it "(1) is contractually obligated to make repairs or maintain the premises, or (2) has a contractual right to reenter, inspect and make needed repairs and liability is based on a significant structural or design defect that is contrary to a specific statutory safety provision" (see Vasquez v The Rector, 40 A.D.3d 265

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