Appellate Division, First Department · October 1, 2026 · 2026 NY Slip Op 05597
Garcia v Baco Enters., Inc.
Read the official decision: 2026 NY Slip Op 05597
Holding The Appellate Division affirmed the denial of summary judgment for the out-of-possession landlord because the lease language raised a question of fact regarding assumed repair obligations. The court also barred consideration of a proximate cause argument raised for the first time in reply papers.
The court’s words
620 Truxton failed to establish as a matter of law that it cannot be held liable as an out-of-possession landlord
2026 NY Slip Op 05597, at the official text
raises a question of fact as to whether 620 Truxton assumed certain repair and maintenance obligations
2026 NY Slip Op 05597, at the official text
this issue was not adequately presented to the motion court and is barred from consideration on appeal
2026 NY Slip Op 05597, at the official text
| Court | Appellate Division, First Department |
|---|---|
| Decided | October 1, 2026 |
| Citation | 2026 NY Slip Op 05597 |
| Area of law | Personal Injury and Negligence |
| Week | Week ending October 3, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05597 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 758 |
Recommended citation
ESQ HQ, New York Law Watch, Garcia v Baco Enters., Inc., 2026 NY Slip Op 05597 (Appellate Division, First Department, October 1, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05597/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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