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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
CourtAppellate Division, First Department
DecidedOctober 1, 2026
Citation2026 NY Slip Op 05597
Area of lawPersonal Injury and Negligence
WeekWeek ending October 3, 2026
Official textOfficial decision: 2026 NY Slip Op 05597
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id758

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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Published October 1, 2026. Updated October 1, 2026.