Legal Opinion

Rubinstein v. 115 Spring Street Owners Corp.

Appellate Division of the Supreme Court of the State of New York

Decided January 19, 2017No. 2814 113320/11PublishedCited by 1 opinion

1Opinion of the Court

Order, Supreme Court, New York County (Robert D. Kalish, J.), entered July 28, 2015, which denied defendant Opera Gallery, Inc.’s motion for summary judgment dismissing the complaint, and, to the extent appealed from as limited by the briefs, denied defendant 115 Spring Street Company’s motion for summary judgment seeking contractual indemnification against Opera Gallery, unanimously affirmed, without costs.

“A landlord is [generally not] liable for negligence with respect to the condition of [the] property after [the] transfer of possession and control to a tenant unless the landlord is…

2Cases cited5 opinions

  1. Kinney v. G. W. Lisk Co.New York Court of Appeals · 1990
  2. Babich v. R.G.T. Restaurant Corp.Appellate Division of the Supreme Court of the State of New York · 2010
  3. Rodriguez v. Leggett Holdings, LLCAppellate Division of the Supreme Court of the State of New York · 2012
  4. Vushaj v. Insignia Residential Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
  5. Rothstein v. 400 East 54th Street Co.Appellate Division of the Supreme Court of the State of New York · 2008

3Cited by1 opinion

  1. Martinez v. 3801 Equity Co., LLCAppellate Division of the Supreme Court of the State of New York · 2017

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