Opinion
No. 681.
April 3, 2007.
Order, Supreme Court, New York County (Leland DeGrasse, J.), entered October 24, 2006, which denied defendant 101465 Realty, Inc.'s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Law Offices of Bruce A. Lawrence, Brooklyn (Steven Z. Rosenzweig of counsel), for appellant.
Barry McTiernan Moore, New York (Laurel A. Wedinger of counsel), for V F Greenwich Village, Inc., respondent.
Before: Tom, J.P., Mazzarelli, Sullivan, Nardelli and Buckley, JJ.
The relevant leases reserve to defendant landlord 101465 Realty, Inc. the right to reenter the demised premises for the purpose of inspection and repair. That reservation together with the circumstance that the summary judgment movant's evidence did not disprove plaintiff's allegation that the premises stairwell where he fell had significant structural or design defects in violation of the New York City Building Code, dictated the motion's denial ( see Kraus v Caliche Realty Estates, 289 AD2d 9).