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New York Real Estate Law ReporterColumns & DepartmentsLandlord Tenant LawLitigation

Landlord & Tenant Law

By ssalkin
February 01, 2020

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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