DWELLINGHAM v. [And A Third-Party Action]. (2001)

Supreme Court, Appellate Division, First Department, New York.

Alva DWELLINGHAM, Plaintiff-Respondent, v. 125 UPTOWN REALTY ASSOCIATES, Defendant-Appellant, Strawberry Stores, Inc., Defendant-Respondent. [And A Third-Party Action].

Decided: January 04, 2001

WILLIAMS, J.P., MAZZARELLI, ANDRIAS, LERNER and FRIEDMAN, JJ.

Norman Liss, for Plaintiff-Respondent. Stewart B. Greenspan, for Defendant-Appellant. Eugene Guarneri, for Defendant-Respondent.

Order, Supreme Court, New York County (Franklin Weissberg, J.), entered on or about June 2, 2000, which, to the extent appealed from, denied defendant 125 Uptown Realty Associates' motion for summary judgment dismissing plaintiff's complaint and all cross claims against it, unanimously affirmed, with costs.

In view of defendant-appellant landlord's contractual undertaking to repair the roof of its leased premises, its contention that the complaint should be dismissed as against it for lack of notice of the roof leak upon these premises that is alleged to have caused plaintiff's harm, is without merit. Defendant-appellant may be charged with notice of the seven-month-old defect it contracted to remedy (see, Putnam v. Stout, 38 N.Y.2d 607, 617-618, 381 N.Y.S.2d 848, 345 N.E.2d 319).

MEMORANDUM DECISION.

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