In Guzman v. Haven Plaza Housing Development Fund Co. (69 N.Y.2d 559), the Court of Appeals ruled that an out-of-possession landlord who retains the right to re-enter a leased premises and make repairs may be charged with constructive notice of an injury-causing dangerous condition provided that the defect constitutes a significant structural defect and violates a specific statutory provision (Guzman, 69 N.Y.2d at 559).