| Bennett v Weber Job Lot Corp. |
| 2012 NY Slip Op 01791 [93 AD3d 684] |
| March 13, 2012 |
| Appellate Division, Second Department |
| Ronald Bennett, Appellant, v Weber Job Lot Corp. et al.,Defendants, and $2.00 Only Stores, Inc., Respondent. |
—[*1] Charles J. Siegel, New York, N.Y. (Richard Dell of counsel), for respondent.
In an action to recover damages for personal injuries, the plaintiff appeals from an order ofthe Supreme Court, Kings County (Vaughan, J.), dated February 23, 2011, which granted themotion of the defendant $2.00 Only Stores, Inc., for summary judgment dismissing the complaintinsofar as asserted against it.
Ordered that the order is affirmed, with costs.
As a general rule, liability for a dangerous condition on real property must be predicatedupon ownership, occupancy, control, or special use of that property (see Ellers v Horwitz Family Ltd.Partnership, 36 AD3d 849 [2007]; Morrison v Gerlitzky, 282 AD2d 725 [2001];Millman v Citibank, 216 AD2d 278 [1995]). Here, the defendant $2.00 Only Stores, Inc.(hereinafter the defendant), established, prima facie, that, as a tenant of a building owned by theplaintiff's employer, a nonparty to this action, it used the interior staircase where the accidentoccurred along with the landlord and had no duty to maintain it (see Morrison vGerlitzky, 282 AD2d 725 [2001]; Millman v Citibank, 216 AD2d 278 [1995]). Inopposition, the plaintiff failed to raise a triable issue of fact as to whether the defendant madespecial use of the staircase (see Morrison v Gerlitzky, 282 AD2d 725 [2001];Millman v Citibank, 216 AD2d 278 [1995]). Accordingly, the Supreme Court properlygranted the defendant's motion for summary judgment dismissing the complaint insofar asasserted against it. Balkin, J.P., Eng, Hall and Sgroi, JJ., concur.