WIESEN v. MOPPA

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

When an owner out of possession reserves a right under the terms of a lease to enter upon the premises for purpose of inspecting the same and making certain repairs thereon, the reservation may be deemed to constitute sufficient retention of control so as to permit a finding that he or she had constructive notice of the defective condition so as to subject the owner to liability (see, Worth Distribs. v Latham, 59 N.Y.2d 231, 238; Hecht v Vanderbilt Assocs., 141 A.D.2d 696; Pellegrino v Walker Theatre, 127 A.D.2d 574). Mangano, P.J., Rosenblatt, Lawrence and Joy, JJ., concur.