Opinion
66.
Argued March 30, 2005.
Decided May 3, 2005.
Appeal, by permission of the Appellate Division of the Supreme Court in the First Judicial Department, from an order of that Court, entered June 24, 2004. The Appellate Division modified, on the law, a judgment of the Supreme Court, New York County (Saralee Evans, J.), which, to the extent appealed from, granted defendant's motion for summary judgment dismissing the cause of action for breach of lease and denied plaintiff's cross motion for summary judgment on that cause of action. The modification consisted of denying defendant's motion. The following question was certified by the Appellate Division: "Was the order of this Court, which modified the order of the Supreme Court, properly made?"
Plaintiff commenced an action for breach of lease after the leased premises, which were used as a children's group home by defendant City, were damaged by a fire started by one of the children. The lease expressly provided that the plaintiff landlord would make all exterior and structural repairs, excluding repairs necessitated by the negligence of defendant tenant and its invitees. Supreme Court granted defendant's motion for summary judgment insofar as it sought dismissal of the breach of lease cause of action and denied plaintiff's cross motion for summary judgment.
The Appellate Division concluded that the only rational conclusion to be drawn from the lease's express imposition of an obligation on the part of the landlord was a coexistent obligation on the part of the tenant to make all exterior and structural repairs necessitated by its negligence and the negligence of its invitees; and that nothing in the lease absolved the defendant from this obligation.
Sonny Boy Realty, Inc. v. City of New York, 8 AD3d 171, affirmed.
Michael A. Cardozo, Corporation Counsel, New York City ( Julian L. Kalkstein and Larry A. Sonnenshein of counsel), for appellant.
Gennet, Kallman, Antin Robinson, P.C., New York City ( Brian J. Bolan and Mark L. Antin of counsel), for respondent.
Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH.
OPINION OF THE COURT
Order affirmed, with costs, and certified question answered in the affirmative. We agree with the Appellate Division that the lease imposed an obligation on the tenant to make repairs necessitated by its own negligence or the negligence of its invitees.