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Postell v. Budhu

Appellate Division of the Supreme Court of New York, First Department
Dec 19, 2000
278 A.D.2d 107 (N.Y. App. Div. 2000)

Opinion

December 19, 2000.

Order, Supreme Court, Bronx County (Michael DeMarco, J.), entered on or about May 23, 2000, which denied the motion of defendants Ramjatan and Eesardeen Budhu for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

John M. Daly, for plaintiffs-respondents.

Montgomery L. Effinger, for defendants-appellants.

Before: Nardelli, J.P., Tom, Lerner, Buckley, Friedman, JJ.


Supreme Court properly denied the Budhu defendants' motion for summary judgment since issues of fact exist with respect to whether they breached their contractual obligations to keep the premises in good repair (see,Putnam v. Stout, 38 N.Y.2d 607; and see, Russo v. 491 W. St. Corp., 176 A.D.2d 672) and whether they had notice of the alleged hazardous condition and a reasonable opportunity to repair it (see, Juarez v. Wavecrest Mgt. Team Ltd., 88 N.Y.2d 628, 642; and see, Espinal v. 570 W. 156thAssocs., 258 A.D.2d 309).

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Postell v. Budhu

Appellate Division of the Supreme Court of New York, First Department
Dec 19, 2000
278 A.D.2d 107 (N.Y. App. Div. 2000)
Case details for

Postell v. Budhu

Case Details

Full title:YUCHAN POSTELL, ETC., ET AL., PLAINTIFFS-RESPONDENTS, v. RAMJATAN B…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 19, 2000

Citations

278 A.D.2d 107 (N.Y. App. Div. 2000)
718 N.Y.S.2d 170