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PIMENTEL v. MARX REALTY & IMPROVEMENT CO., INC.

55 A.D.3d 480 (2008)

APHRODITE PIMENTEL, Respondent, v. MARX REALTY & IMPROVEMENT CO., INC., Appellant.

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

October 30, 2008.

Defendant, an out-of-possession landlord that reserved the right of reentry to inspect and make structural repairs, failed to demonstrate its entitlement to judgment as a matter of law (Cortes v 1515 Williamsbridge Assoc., 295 A.D.2d 188 [2002]; see Guzman v Haven Plaza Hous. Dev. Fund Co., 69 N.Y.2d 559, 565 [1987]). Plaintiff's evidence raised an issue of fact as to whether the lack of...

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