Opinion
April 27, 1998
Appeal from the Supreme Court, Suffolk County (Doyle, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
It is well settled that an out-of-possession owner or lessor is not liable for injuries that occur on the premises unless the owner or lessor has retained control or is contractually obligated to repair unsafe conditions ( see, Baker v. Getty Oil Co., 242 A.D.2d 644; Suarez v. Skateland Presents Laces, 187 A.D.2d 500, 501). Here, there are triable issues of fact existing with regard to the appellant's liability for the plaintiff Roger T. Quinn's injuries ( see, Gonzales v. Shop Smart Grocery, 202 A.D.2d 633, 634, citing Guzman v. Haven Plaza Hous. Dev. Fund Co., 69 N.Y.2d 559).
The appellant's remaining contentions are without merit.
O'Brien, J.P., Santucci, Altman and Friedmann, JJ., concur.