Out-of-Possession Landlord May Be Liable

June 30, 2002

LVT Number: 15923

Tenant was injured when the building elevator dropped rapidly from the fourth floor to the first. Tenant sued landlord, who claimed that it wasn't liable because it was an ''out-of-possession'' landlord who had net leased the building and didn't maintain any right to enter it. Landlord asked the court to dismiss the case against it, claiming that net lessee was responsible. The court ruled against landlord. Landlord appealed and lost. The fact that the net lease didn't contain a right of reentry for landlord didn't mean landlord had no control over the building.

Tenant was injured when the building elevator dropped rapidly from the fourth floor to the first. Tenant sued landlord, who claimed that it wasn't liable because it was an ''out-of-possession'' landlord who had net leased the building and didn't maintain any right to enter it. Landlord asked the court to dismiss the case against it, claiming that net lessee was responsible. The court ruled against landlord. Landlord appealed and lost. The fact that the net lease didn't contain a right of reentry for landlord didn't mean landlord had no control over the building. Landlord was still responsible for building defects under the Multiple Dwelling Law Section 78.

Bonifacio v. 910-930 Southern Blvd. LLC: NYLJ, 6/19/02, p. 18, col. 1 (App. Div.1 Dept.; Mazzarelli, JP, Saxe, Rosenbeger, Weinberg-Ellerin, Marlow, JJ)

Topics

More like this