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FIGUEROA v. CENTER ASSOCIATES

283 A.D.2d 324 (2001)

728 N.Y.S.2d 5

JAIME FIGUEROA, Respondent, v. CENTER ASSOCIATES et al., Appellants, and SAVEMART, INC., Respondent, et al., Defendant.

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

Decided May 24, 2001.

Even if the trial court's charge failed to convey the landlord's and managing agent's position that the lessee's air conditioner on the roof was part of the demised premises, any such failure could not have prejudiced them given a lease that otherwise made maintenance of the roof the landlord's responsibility. The lessee's responsibility to maintain its air conditioning unit, and asserted right of access to the roof for that purpose...

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