Escobar v. City of New York

Full title: JUAN ESCOBAR et al., Plaintiffs, v. CITY OF NEW YORK et al., Defendants…

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

Date published: Mar 30, 1998

248 A.D.2d 667 (N.Y. App. Div. 1998)

670 N.Y.S.2d 322

Opinion

March 30, 1998

Appeal from the Supreme Court, Queens County (Polizzi, J.).

Ordered that the order is affirmed, with costs.

Where, as here, the plaintiff has pleaded violations of specific provisions of the Administrative Code of the City of New York, the reservation in a lease of a general right to enter and inspect the premises may subject an out-of-possession property owner to liability (see, Guzman v. Haven Plaza Hous. Dev. Fund Co., 69 N.Y.2d 559; Dufficy v. Wharf Bar Grill, 217 A.D.2d 646). Consequently, the appellant's motion for summary judgment was properly denied.

Bracken, J. P., O'Brien, Copertino and Pizzuto, JJ., concur.