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Liability of Landlord

September 23, 2011

 

APPELLATE DIVISION

SECOND DEPARTMENT

Torts

New York Law Journal

September 21, 2011

The Appellate Division, Second Department, has upheld the common law rule that that a landlord is generally not liable to a tenant for dangerous conditions on leased premises unless a duty to repair the premises is imposed by statute, regulation, or by contract. In the case of Alnashmi v. Certified Analytical Group Inc., the court held that, because the lease at issue placed responsibility for maintenance and repair squarely on the tenant, and because the tenant endeavored to perform maintenance and repair, the landlord’s majority share holder owed no duty to a technician, whose slip and fall complaint was entirely grounded on the common law rule.

 

 

 

 

 

 

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