Out of sight but not off the hook.

Plaintiff-tenant was injured when she was struck by her store's roll-up security gate which, over time, had become detached from the building. The First Department denied the out-of-possession landlord's motion for summary judgment, in Hakim v. 65 Eighth Avenue, which was decided on July 19, 2007. The court noted that the damage to the security gate was allegedly caused by prolonged water exposure from a leaking roof, and that, by the terms of the lease, the landlord was responsible for repairs to both the structure and the roof.