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Bonifacio v. 910–930 Southern Boulevard
New York Supreme Court, Appellate Division
295 A.D.2d 86, 743 N.Y.S.2d 105 (2002)
910–930 Southern Boulevard LLC (owner) (defendant) acquired title to an apartment building through foreclosure and net leased the building to a tenant who paid all of the building’s expenses, including the costs of maintaining the building. The owner did not reserve any rights of reentry, inspection, or repair. Israel Bonifacio (plaintiff), a visitor to the building, was seriously injured when one of the building’s elevators malfunctioned. Bonifacio sued the owner for damages. The owner appealed the trial-level New York Supreme Court’s denial of its motion for summary judgment to the court’s appellate division.
Rule of Law
Holding and Reasoning (Saxe, J.)
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