| Sciammarella v Manorville Postal Assoc. |
| 2011 NY Slip Op 06122 [87 AD3d 530] |
| August 2, 2011 |
| Appellate Division, Second Department |
| Toni Sciammarella et al., Appellants, v Manorville PostalAssociates, Respondent. |
—[*1] Andrea G. Sawyers, Melville, N.Y. (Dominic P. Zafonte of counsel), forrespondent.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an orderof the Supreme Court, Suffolk County (Baisley, Jr., J.), dated March 3, 2010, which granted thedefendant's motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The plaintiff Toni Sciammarella, then an employee of the United States Postal Service(hereinafter the Postal Service), allegedly sustained injuries when she fell after stepping into ahole in the parking lot of the premises leased to the Postal Service by the defendant.
"An out-of-possession landlord may not be held liable for injuries occurring on its premisesunless it is contractually obligated to perform maintenance and repairs or it has retained controlover the premises" (Salaices v Gar-BenAssoc., 82 AD3d 740, 741 [2011]; see Guzman v Haven Plaza Hous. Dev. FundCo., 69 NY2d 559, 566-567 [1987]). The defendant established its prima facie entitlement tojudgment as a matter of law by establishing that it was an out-of-possession landlord that did notretain control over the premises and was not contractually obligated to maintain or repair theparking lot (see Sanchez v Barnes &Noble, Inc., 59 AD3d 698, 699 [2009]; Yadegar v International Food Mkt., 37 AD3d 595, 596-597 [2007];Brockington v Brookfield Dev.Corp., 20 AD3d 382, 382-383 [2005]). In opposition, the plaintiffs failed to raise atriable issue of fact (see Lauer v Great S. Bay Seafood Co., 299 AD2d 325, 327 [2002];Amarante v Village of Tarrytown, 226 AD2d 488 [1996]; see also Pala v D. Braf,Ltd., 284 AD2d 382 [2001]). Mastro, J.P., Angiolillo, Chambers and Cohen, JJ., concur.