New York Real Estate Law Reporter
By Jack Malley

A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is “structural” or “nonstructural.” In this article, we provide a framework for the practitioner to analyze whether a repair is structural or nonstructural by providing the general test to be applied and a review of representative decisions, focusing on recent ones where possible.