Bonifacio v. 910-930 Southern Boulevard LLC
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Saxe, J.
We are asked on this appeal to consider an issue of premises liability not previously considered by the courts of this state: if an owner of premises net leases its property to a tenant, without reserving to itself any right of reentry or inspection and repair, may such owner nevertheless be held responsible in tort, pursuant to its nondelegable duty under Multiple Dwelling Law § 78, for defects at the premises through the imputation of constructive notice, much as if it had retained a right of reentry?
Plaintiff asserts that on May 18, 1997, the elevator he was in…
2Cases cited10 opinions
- Rogers v. Dorchester AssociatesNew York Court of Appeals · 1973
- Guzman v. Haven Plaza Housing Development Fund Co.New York Court of Appeals · 1987
- Worth Distributors, Inc. v. LathamNew York Court of Appeals · 1983
- Tajan v. Pavia & HarcourtAppellate Division of the Supreme Court of the State of New York · 1999
- Weiner v. Leroco Realty Corp.New York Court of Appeals · 1938
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Moran v. Regency Savings Bank, F.S.B.Appellate Division of the Supreme Court of the State of New York · 2005
- Battaglia v. Shore Parkway Owner LLCDistrict Court, E.D. New York · 2017
- Pekelnaya v. AllynAppellate Division of the Supreme Court of the State of New York · 2005
- Barkley v. Plaza Realty Investors Inc.Appellate Division of the Supreme Court of the State of New York · 2017
- Cole v. Homes for the Homeless Institute, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
9 more not listed; retrieve them via the Exa API.