Legal Opinion

La Scalea v. Woolsey Holding Corp.

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

Decided November 20, 1961PublishedCited by 1 opinion

1Opinion of the Court

*913In our opinion, the lease provision reserving to defendant Woolsey Holding Corp., the landlord, the right to enter the demised premises, examine them, and make any repairs it deemed necessary or desirable, together with the evidence of actual prior repairs made by the landlord, raises a jury question as to whether the landlord reserved such control as would render it liable for failure to correct the alleged dangerous condition (Scudero v. Campbell, 288 N. Y. 328; De Clara v. Barber S. S. Lines, 309 N. Y. 620; Boreyko v. Bay Ridge Sav. Bank, 274 App. Div. 1060; Reische v. Montgomery, 273 App.…

2Cases cited4 opinions

  1. De Clara v. Barber Steamship Lines, Inc.New York Court of Appeals · 1956
  2. Scudero v. CampbellNew York Court of Appeals · 1942
  3. Reische v. MontgomeryAppellate Division of the Supreme Court of the State of New York · 1948
  4. Boreyko v. Bay Ridge Savings BankAppellate Division of the Supreme Court of the State of New York · 1949

3Cited by1 opinion

  1. Chrysler Corporation v. M. Present Company, Inc., Penn Central Company v. M. Present Company, Inc.Court of Appeals for the Seventh Circuit · 1974

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