GANTZ v. KURZ

Ordered that the order is affirmed insofar as appealed from, with costs.

An out-of-possession landlord's reservation of the right, under the terms of a lease, to enter upon the premises for the purpose of inspecting it and making repairs to it may be deemed to constitute sufficient retention of control to permit a finding that the landlord had constructive notice of a defective condition, in violation of an obligation imposed by statute, and to subject the landlord to liability (see, Guzman v Haven Plaza Hous. Dev. Fund Co., 69 N.Y.2d 559; Worth Distribs. v Latham, 59 N.Y.2d 231, 238; Wiesen v Moppa, 199 A.D.2d 312).

Here, the plaintiffs submitted sufficient proof in opposition to the defendants' motion for summary judgment that the allegedly defective condition was a structural defect which violated defendants' responsibility "for the safe maintenance of the building and its facilities" under the Administrative Code of the City of New York § 27-128 to defeat the motion (see, Guzman v Haven Plaza Hous. Dev. Fund Co., supra; Worth Distribs. v Latham, supra; Wiesen v Moppa, supra). Mangano, P.J., Miller, Hart and Florio, JJ., concur.