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Sonny Boy Realty, Inc. v. City of New York

4 N.Y.3d 858 Court N.Y. Decision date 2005-05-03 English

Contents

Majority

p. 858
[831 NE2d 408, 798 NYS2d 351]
Sonny Boy Realty, Inc., Respondent, v City of New York, Appellant.
Argued March 30, 2005;
decided May 3, 2005
p. 859
APPEARANCES OF COUNSEL
Michael A. Cardozo, Corporation Counsel, New York City {Julian L. Kalkstein and Larry A. Sonnenshein of counsel), for appellant.
Gennet, Kallman, Antin & Robinson, P.C., New York City (Brian J. Bolán and Mark L. Antin of counsel), for respondent.

OPINION OF THE COURT

Order affirmed, with costs, and certified question answered in the affirmative. We agree with the Appellate Division that the lease imposed an obligation on the tenant to make repairs necessitated by its own negligence or the negligence of its invitees.

Concur: Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith.