Dimas v. 160 Water Street Associates

Full title: JOHN DIMAS et al., Respondents, v. 160 WATER STREET ASSOCIATES, Appellant…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 16, 1993

191 A.D.2d 290 (N.Y. App. Div. 1993)

594 N.Y.S.2d 262

Opinion

March 16, 1993

Appeal from the Supreme Court, New York County (Shirley Fingerhood, J.).

Although the lease in question appears to require the tenant to maintain and repair the lighting fixtures in its portion of the building, the record contains evidence of a course of conduct tending to show that the landlord sometimes assumed control of such maintenance and repair, and which raises an issue of fact as to who was responsible for the maintenance and repair of the lighting fixture (see, Ritto v. Goldberg, 27 N.Y.2d 887; Elston v FCO Auto Racing, 161 A.D.2d 561, lv dismissed 76 N.Y.2d 888).

Concur — Sullivan, J.P., Carro, Wallach and Kupferman, JJ.