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ESTRELLA v. REX REALTY OF CONN., INC.

Index No. 300610/14. Appeal No. 12421. Case No. 2019-03292.

188 A.D.3d 562 (2020)

137 N.Y.S.3d 299

2020 NY Slip Op 06850

Sandy Estrella, Appellant, v. Rex Realty of Connecticut, Inc., et al., Respondents.

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

Decided November 19, 2020.

Rex Realty established prima facie that it cannot be held liable for plaintiff's alleged injuries by submitting the lease agreement for the premises showing that it was an out-of-possession landlord with no duty to perform nonstructural repairs at the time of the accident (see Dinkins v Kansas Fried Chicken, Inc., 158 A.D.3d 420, 421 [1st Dept 2018]). In opposition, plaintiff failed to raise a triable issue of fact as to whether...

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