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POSTELL v. BUDHU

278 A.D.2d 107 (2000)

718 N.Y.S.2d 170

YUCHAN POSTELL, an Infant, by Her Mother and Natural Guardian, KAREN MENDOZA, et al., Respondents, v. RAMJATAN B. BUDHU et al., Appellants, et al., Defendant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided December 19, 2000.

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...

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