Pursuant to Multiple Dwelling Law § 78, the owner of a multiple dwelling owes a nondelegable "duty to persons on its premises to maintain them in a reasonably safe condition" and is liable to anyone injured "even though the responsibility for maintenance has been transferred to another" (see Mas v Two Bridges Assoc., 75 NY2d 680, 687-688 [1990]). However, Multiple Dwelling Law § 78 does not entitle a tenant to make repairs
"which he claims the statute require[s] the lessor to do, and to [sue] for the value of such work on the theory of breach of contract. . . . Even if the statutory duty could be said to have been imposed for the benefit of one in [tenant's] position, the tenant might waive same" (Emigrant Indus. Sav. Bank v 108 W. 49th St. Corp., 255 App Div 570, 576 [1938], affd 280 NY 791 [1939]; see Davar Holdings, Inc. v Cohen, 255 App Div 445 [1938], affd 280 NY 828 [1939]; Garcia v Freeland Realty, 63 Misc 2d 937 [Civ Ct, NY County 1970]).
Here, the proprietary lease expressly provided that it is the lessee's responsibility to keep the interior walls, floors and ceilings of the apartment in good repair.