Quinones v. 27 Third City King Restaurant, Inc.
| Decision Date | 04 November 1993 |
| Citation | 198 A.D.2d 23,603 N.Y.S.2d 130 |
| Parties | Rosalind QUINONES, Plaintiff-Respondent, v. 27 THIRD CITY KING RESTAURANT, INC., doing business as Dynasty Restaurant, Defendant-Respondent, and Edward Gabay, et al., doing business as Gabay and Ameri, Defendants-Appellants. |
| Court | New York Supreme Court — Appellate Division |
Before ROSENBERGER, J.P., and ROSS, ASCH and RUBIN, JJ.
Order of the Supreme Court, Bronx County (Bertram Katz, J.), entered November 17, 1992, which, inter alia, denied the defendants-appellants' cross motion for summary judgment pursuant to CPLR 3212 dismissing the complaint, and on all cross-claims asserted against them, unanimously reversed insofar as appealed from, on the law, with costs, and the defendants-appellants' cross-motion is granted. The clerk is directed to enter judgment in favor of the defendants-appellants accordingly.
The plaintiff's complaint alleges that she fell and suffered personal injuries while leaving the defendant-respondent's restaurant when her heel became caught in a crack or defect in a step located inside the restaurant. Plaintiff's affidavit stated that the step had a "plastic like" covering on it which "apparently had been worn out and was rutted with pits and holes". The bill of particulars included photographs taken of the step depicting the area where plaintiff's heel allegedly became caught.
It is not disputed that pursuant to an assumption agreement entered into by the defendant-appellant Gabay and Ameri and the defendant-respondent 27 Third City King Restaurant, the Restaurant assumed the existing lease and agreed to take possession of the demised premises "as is". The lease provided that the owner or its agent retained the right, but was not obligated, to enter the demised premises at any time in any emergency, and at other reasonable times to, inter alia, examine and make such repairs as deemed necessary and reasonably desirable to comply with the law, etc., or in the event that the tenant failed to make repairs or perform any work tenant was obligated to perform under the lease. The parties further do not dispute that the defendant-respondent Restaurant did substantial remodeling to the leased space, which included the replacement of the floor and the installation of the interior step where plaintiff allegedly fell.
"[T]he reservation of a right to reenter, inspect and make repairs, even without a duty to do so, may subject a landlord to liability in...
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...673 N.E.2d 1243 [1996]; see McDonald v. Riverbay Corp., 308 A.D.2d 345, 764 N.Y.S.2d 185 [2003]; Quinones v. 27 Third City King Rest., 198 A.D.2d 23, 603 N.Y.S.2d 130 [1993] ). Here, the lease between the owner and the restaurant imposes no obligation on the former to make repairs or mainta......
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..."a significant structural or design defect in violation of a specific statutory safety provision" (Quinones v. 27 Third City King Restaurant, Inc., 198 A.D.2d 23, 24, 603 N.Y.S.2d 130). Since the breach claimed here is one of a "specific statutory safety provision" and constitutes a "signif......
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...673 N.E.2d 1243 [1996]; see McDonald v. Riverbay Corp., 308 A.D.2d 345, 764 N.Y.S.2d 185 [2003]; Quinones v. 27 Third City King Rest., 198 A.D.2d 23, 603 N.Y.S.2d 130 [1993]). Here, the lease agreement between building owner and Verizon imposes no obligation on the owner to make repairs or ......
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