Opinion
October 23, 1997
Appeal from Supreme Court, New York County (David Saxe, J.).
The IAS Court correctly held that defendant landlord could knot be held liable in the absence of contractual language obligating it to inspect and repair the allegedly defective elevator ( see, Canela v. Foodways Supermarket, 188 A.D.2d 416). However, it was error to grant summary judgment in favor of defendant tenant, there being issues of fact as to whether, among other things, the alleged defect was a proximate cause of plaintiff's injuries, and, if so, whether defendant tenant had notice of it.
Concur — Sullivan, J.P., Milonas, Tom, Mazzarelli and Andrias, JJ.