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HENRY v. HAMILTON EQUITIES, INC.

6423. 309820/11.

161 A.D.3d 418 (2018)

76 N.Y.S.3d 520

2018 NY Slip Op 03111

Carol Henry, Appellant, v. Hamilton Equities, Inc., et al., Respondents-Appellants, and Rafae Construction Corp. et al., Respondents.

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

Decided May 1, 2018.

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 by lease or otherwise to make repairs or maintain the premises, or (2) has a contractual right to re-enter, 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...

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