Legal Opinion
Fischbein v. 1498 Third Realty Corp.
Appellate Division of the Supreme Court of the State of New York
Decided March 8, 1996PublishedCited by 1 opinion
1Opinion of the Court
Memorandum: Plaintiff fractured her left ankle when she slipped on a wet spot in a bar owned and operated by C&E Corporation, which leased the premises from 1498 Third Realty Corporation (defendant). Supreme Court properly granted defendant’s motion for summary judgment dismissing the complaint. Where, as here, an owner out of possession retains the right to reenter and make repairs to the demised property, the owner is liable for injuries arising from a structural or design defect in the property (see, Guzman v Haven Plaza Hous. Dev. Fund Co., 69 NY2d 559, 566; Sharaby v Gamel, 140 AD2d…
2Cases cited7 opinions
- Guzman v. Haven Plaza Housing Development Fund Co.New York Court of Appeals · 1987
- Manning v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1990
- Aprea v. Carol Management Corp.Appellate Division of the Supreme Court of the State of New York · 1993
- Szigyarto v. SzigyartoNew York Court of Appeals · 1985
- Marshall v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1992
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- WAGNER, LEANNE J. v. WATERMAN ESTATES, LLCAppellate Division of the Supreme Court of the State of New York · 2015