Legal Opinion
DeJesus v. Tavares
Appellate Division of the Supreme Court of the State of New York
Decided June 7, 2016No. 304767/13 -1378PublishedCited by 9 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Wilma Guzman, J.), entered December 5, 2014, which granted defendant Morales’s motion for summary judgment dismissing the complaint as to her, unanimously affirmed, without costs.
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…
2Cases cited2 opinions
- Vasquez v. RectorAppellate Division of the Supreme Court of the State of New York · 2007
- Merisel, Inc. v. WeinstockAppellate Division of the Supreme Court of the State of New York · 2014
3Cited by9 opinions
- Matias v. West 16th Realty LLCAppellate Division of the Supreme Court of the State of New York · 2020
- Burdier v. Renaissance Midtown West, LLCAppellate Division of the Supreme Court of the State of New York · 2021
- Burdier v. Renaissance Midtown West, LLCAppellate Division of the Supreme Court of the State of New York · 2021
- Espinoza v. Minus5 HH NYC, Inc.Appellate Division of the Supreme Court of the State of New York · 2020
- Espinoza v. Minus5 HH NYC, Inc.Appellate Division of the Supreme Court of the State of New York · 2020
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