Blackwell v. Jamal Holding Corp.
Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Rappaport, J.), dated June 28, 1996, which granted the defendant’s motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
In the absence of a statutory or contractual duty to maintain the premises in repair, a landlord’s mere reservation of the right to enter a leased premises to make repairs is insufficient
In addition, the plaintiff did not establish that the landlord retained sufficient control over the leased premises to render it liable for the plaintiff’s injuries (see, Worth Distribs. v Latham, 59 NY2d 231, supra; Putnam v Stout, 38 NY2d 607; Ritto v Goldberg, 27 NY2d 887; Hecht v Vanderbilt Assocs., 141 AD2d 696, 699; cf., Stalter v Prudential Ins. Co., 220 AD2d 577). Miller, J. P., Thompson, Joy and Luciano, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.