Legal Opinion

Gantz v. Kurz

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

Decided April 4, 1994PublishedCited by 5 opinions

1Opinion of the Court

—In an action to recover damages for personal injuries, etc., the defendants appeal from so much of an order of the Supreme Court, Kings County (Huttner, J.), dated July 27, 1992, as denied their motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

An out-of-possession landlord’s reservation of the right, under the terms of a lease, to enter upon the premises for the purpose of inspecting it and making repairs to it may be deemed to constitute sufficient retention of control to permit a finding that the landlord had…

2Cases cited3 opinions

  1. Guzman v. Haven Plaza Housing Development Fund Co.New York Court of Appeals · 1987
  2. Worth Distributors, Inc. v. LathamNew York Court of Appeals · 1983
  3. Wiesen v. MoppaAppellate Division of the Supreme Court of the State of New York · 1993

3Cited by5 opinions

  1. Stark v. Port Authority of New York & New JerseyAppellate Division of the Supreme Court of the State of New York · 1996
  2. Kilimnik v. Mirage Rest., Inc.Appellate Division of the Supreme Court of the State of New York · 1996
  3. Angwin v. SRF Partnership, L.P.Appellate Division of the Supreme Court of the State of New York · 2001
  4. Hilaire v. Stanley Management Co.Appellate Division of the Supreme Court of the State of New York · 1996
  5. Rhian v. PABR Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2007

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