DeLeon v. Rajon Co.

Appellate Division of the Supreme Court of New York

DeLeon v. Rajon Co.

243 A.D.2d 366, 664 N.Y.S.2d 545, 1997 N.Y. App. Div. LEXIS 10310

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 23, 1997

StatusPublished

This text of 243 A.D.2d 366 (DeLeon v. Rajon Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

DeLeon v. Rajon Co., 243 A.D.2d 366, 664 N.Y.S.2d 545, 1997 N.Y. App. Div. LEXIS 10310 (N.Y. Ct. App. 1997).

Pincite

Opinion

Order, Supreme Court, New York County (David Saxe, J.), entered June 25, 1996, which, insofar as appealed from as limited by the briefs, granted defendants’ motion for summary judgment and denied plaintiffs motion for disclosure from third-party defendant, unanimously modified, on the law, to deny summary judgment in favor of defendant JDL Garage Corp., and to remand the matter for further proceedings, and otherwise affirmed, without costs.

The IAS Court correctly held that defendant landlord could not be held liable in the absence of contractual language obligating it to inspect and repair the allegedly defective elevator (see, Canela v Foodways Supermarket, 188 AD2d 416). However, it was error to grant summary judgment in favor of defendant tenant, there being issues of fact as to whether, among other things, the alleged defect was a proximate cause of plaintiffs injuries, and, if so, whether defendant tenant had notice of it. Concur—Sullivan, J. P., Milonas, Tom, Mazzarelli and Andrias, JJ.

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Order, Supreme Court, New York County (David Saxe, J.), entered June 25, 1996, which, insofar as appealed from as limited by the briefs, granted defendants’ motion for summary judgment and denied plaintiffs motion for disclosure from third-party defendant, unanimously modified, on the law, to deny summary judgment in favor of defendant JDL Garage Corp., and to remand the matter for further proceedings, and otherwise affirmed, without costs.

The IAS Court correctly held that defendant landlord could not be held liable in the absence of contractual language obligating it to inspect and repair the allegedly defective elevator (see, Canela v Foodways Supermarket, 188 AD2d 416). However, it was error to grant summary judgment in favor of defendant tenant, there being issues of fact as to whether, among other things, the alleged defect was a proximate cause of plaintiffs injuries, and, if so, whether defendant tenant had notice of it. Concur—Sullivan, J. P., Milonas, Tom, Mazzarelli and Andrias, JJ.

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Bluebook (online)

243 A.D.2d 366, 664 N.Y.S.2d 545, 1997 N.Y. App. Div. LEXIS 10310, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deleon-v-rajon-co-nyappdiv-1997.

Opinion

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