| Grippo v City of New York |
| 2007 NY Slip Op 08994 [45 AD3d 639] |
| November 13, 2007 |
| Appellate Division, Second Department |
| Deborah Grippo, Appellant, v City of New York et al.,Defendants, and New York City Industrial Development Agency et al.,Respondents. |
—[*1] Stewart H. Friedman (John T. Ryan, Riverhead, N.Y. [Robert F. Horvat] of counsel), forrespondents.
In an action to recover damages for personal injuries, the plaintiff appeals from an order ofthe Supreme Court, Queens County (Flug, J.), dated April 27, 2006, which granted the motion ofthe defendants New York City Industrial Development Agency and FD Property Holding, Inc.,for summary judgment dismissing the complaint insofar as asserted against them.
Ordered that the order is affirmed, with costs.
An out-of-possession property owner is not liable for injuries that occur on the propertyunless the owner has retained control over the premises or is contractually obligated to performmaintenance and repairs (see Nikolaidisv La Terna Rest., 40 AD3d 827 [2007]; Rhian v PABR Assoc., LLC, 38 AD3d 637 [2007]; Lindquist v C & C Landscape Contrs., Inc.,38 AD3d 616 [2007]; Gavallasv Health Ins. Plan of Greater N.Y., 35 AD3d 657 [2006]; Chery v Exotic Realty, Inc., 34 AD3d412 [2006]). Here, the defendant New York City Industrial Development Agency(hereinafter IDA) established its prima facie entitlement to judgment as a matter of law bydemonstrating that it was an out-of-possession landlord who retained no control over thepremises where the plaintiff's accident occurred, and had no contractual obligation to maintainthe premises or make repairs (seeTragale v 485 Kings Corp., 39 AD3d 626 [2007]; Lindquist v C & C Landscape Contrs., Inc., 38 AD3d 616 [2007];Couluris v Harbor Boat Realty, Inc.,31 AD3d 686 [2006]; Salgadov Ring, 21 AD3d 362 [2005]). In opposition to IDA's prima facie [*2]showing, the plaintiff failed to raise a triable issue of fact (see Nikolaidis v La Terna Rest., 40AD3d 827 [2007]; Gavallas vHealth Ins. Plan of Greater N.Y., 35 AD3d 657 [2006]; Chery v Exotic Realty, Inc., 34 AD3d412 [2006]; Salgado v Ring, 21AD3d 362 [2005]).
The defendant FD Property Holding, Inc. (hereinafter FD Property), also established itsprima facie entitlement to judgment as a matter of law by submitting evidentiary proof that itrelinquished control of the premises prior to the accident by entering into a sublease, and that thesubtenant assumed all of its contractual duties, including the obligation to keep the premises ingood condition and make all structural and nonstructural repairs. In opposition, the plaintifffailed to raise an issue of fact as to whether FD Property exercised a sufficient degree of controlover the premises to impose liability (see Salgado v Ring, 21 AD3d 362 [2005]). Spolzino, J.P.,Krausman, Carni and Dickerson, JJ., concur.