Bonifacio v. 910–930 Southern Boulevard
New York Supreme Court, Appellate Division
295 A.D.2d 86, 743 N.Y.S.2d 105 (2002)

- Written by Rich Walter, JD
Facts
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
Issue
Holding and Reasoning (Saxe, J.)
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