Sonny Boy Realty, Inc. v City of New York (2005 NY Slip Op 03585)

Sonny Boy Realty, Inc. v City of New York

2005 NY Slip Op 03585 [4 NY3d 858]

May 3, 2005

Court of Appeals

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, July 27, 2005

[*1]

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

Argued March 30, 2005; decided May 3, 2005

Sonny Boy Realty, Inc. v City of New York, 8 AD3d 171, affirmed.

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. Bolan 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.