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Eleni Chrisostomides v. Berjas Realty Co.

Appellate Division of the Supreme Court of New York, Second Department
Sep 23, 1996
231 A.D.2d 601 (N.Y. App. Div. 1996)

Opinion

September 23, 1996.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Dye, J.), dated May 16, 1995, which granted the defendant's motion for summary judgment dismissing the complaint.

Before: Rosenblatt, J.P., Ritter, Copertino and Florio, JJ.


Ordered that the order is affirmed, with costs.

The plaintiff Eleni Chrisostomides allegedly sustained physical injuries as a result of a burst pipe in the basement of premises owned by the defendant and leased to her employer. Although a landlord's reservation of the right to enter the premises to inspect and make repairs may be sufficient to establish liability for damages resulting from the violation of a duty imposed on the landlord by statute ( see, Guzman v Haven Plaza Hous. Dev. Fund Co., 69 NY2d 559), the plaintiffs herein failed to submit evidence indicating that the defendant breached a specific statutory provision ( see, Levy v Daitz, 196 AD2d 454; Aprea v Carol Mgt. Corp., 190 AD2d 838; Manning v New York Tel. Co., 157 AD2d 264, 269-270). The defendant's motion for summary judgment was therefore properly granted.


Summaries of

Eleni Chrisostomides v. Berjas Realty Co.

Appellate Division of the Supreme Court of New York, Second Department
Sep 23, 1996
231 A.D.2d 601 (N.Y. App. Div. 1996)
Case details for

Eleni Chrisostomides v. Berjas Realty Co.

Case Details

Full title:ELENI CHRISOSTOMIDES et al., Appellants, v. BERJAS REALTY CO., Respondent

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

Date published: Sep 23, 1996

Citations

231 A.D.2d 601 (N.Y. App. Div. 1996)
647 N.Y.S.2d 973

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