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Landlord & Tenant Law

Out of Possession Landlord's Agreement With HUD To Maintain Premises Does Not Subject Landlord to Personal Injury Liability Henry v. Hamilton Equities, Inc. NYLJ 10/25/19, p. 22, col. 1 Court of Appeals (5-2 decision; majority opinion by Stein, J; dissenting opinion by Rivera, J.)

In a personal injury action against an out-of-possession landlord brought by a nurse who slipped and fell on water that leaked through the building's roof, injured plaintiff appealed from the Appellate Division's affirmance, of Supreme Court's dismissal of the complaint. A divided Court of Appeals affirmed, holding that landlord's agreement with HUD requiring landlord to maintain the premises did not subject landlord to liability to the injured plaintiff.

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