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ELENI CHRISOSTOMIDES v. BERJAS REALTY CO

Appellate Division of the Supreme Court of New York, Second Department.
Sep 23, 1996
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Ordered that the order is affirmed, with costs.

The plaintiff Eleni Chrisostomides allegedly sustained physical injuries as a result of a burst pipe in the basement of premises owned by the defendant and leased to her employer. Although a landlord's reservation of the right to enter the premises to inspect and make repairs may be sufficient to establish liability for damages resulting from the violation of a duty imposed on the landlord by statute ( see, Guzman v Haven Plaza Hous. Dev. Fund Co., 69 NY2d 559), the plaintiffs herein failed to submit evidence indicating that the defendant breached a specific statutory provision ( see, Levy v Daitz, 196 AD2d 454; Aprea v Carol Mgt. Corp., 190 AD2d 838; Manning v New York Tel. Co., 157 AD2d 264, 269-270). The defendant's motion for summary judgment was therefore properly granted.