SERGIO v. BENJOLO N. V.


146 Misc.2d 1011 (1990)

Philip R. Sergio et al., Plaintiffs, v. Benjolo N. V. et al., Defendants.

Supreme Court, New York County.

March 28, 1990


Attorney(s) appearing for the Case

Nathan Urdang for plaintiffs. Bombara & McGlynn for Benjolo N. V., defendant. Jacobowitz Spessard Garfinkel & Lesman for The Pushcart, Inc. and another, defendants.


DAVID B. SAXE, J.

This reargument motion raises an issue of law which has not been directly addressed by prior case law, concerning whether an absentee landlord's responsibility over unsafe conditions in its building extends beyond structural defects, to transient unsafe conditions. In order to consider that issue, I grant the motion for reargument, and upon reargument my decision denying Benjolo's prior motion for summary judgment is adhered to, for...

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