Ramirez v 101465 Realty, Inc.

Ramirez v 101465 Realty, Inc. 2007 NY Slip Op 02820 [39 AD3d 236] April 3, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, June 6, 2007

Edwin Ramirez et al., Respondents,
v
101465 Realty, Inc., Appellant, and V & F Greenwich Village, Inc., Doing Business as Famous Ray's Pizza, Respondent.

—[*1] Law Offices of Bruce A. Lawrence, Brooklyn (Steven Z. Rosenzweig of counsel), for appellant.

Barry McTiernan & Moore, New York (Laurel A. Wedinger of counsel), for V & F Greenwich Village, Inc., respondent.

Order, Supreme Court, New York County (Leland DeGrasse, J.), entered October 24, 2006, which denied defendant 101465 Realty, Inc.'s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The relevant leases reserve to defendant landlord 101465 Realty, Inc. the right to reenter the demised premises for the purpose of inspection and repair. That reservation together with the circumstance that the summary judgment movant's evidence did not disprove plaintiff's allegation that the premises stairwell where he fell had significant structural or design defects in violation of the New York City Building Code, dictated the motion's denial (see Kraus v Caliche Realty Estates, 289 AD2d 9 [2001]). Concur—Tom, J.P., Mazzarelli, Sullivan, Nardelli and Buckley, JJ.