Practice point: An out-of-possession owner has no obligation to perform repairs.
Students should note that if the lease reserves the owner's right to enter to make repairs, there is liability for failing to do so only if the injury-causing defect was a significant structural or design one that was contrary to a specific statutory provision.
Case: Devlin v. Blaggards III Rest. Corp., NY Slip Op 00258 (1st Dept. 2011)
Here is the decision.
Tomorrow’s issue: Motion practice.
