Opinion
Argued January 28, 2000
March 6, 2000
In an action to recover damages for personal injuries, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Queens County (Lonschein, J.), dated November 10, 19 98, as granted that branch of the cross motion of the defendant Newmark Company Real Estate, Inc. s/h/a New Mark Co., which was for summary judgment dismissing the complaint insofar as asserted against it.
Sanders, Sanders, Block Woycik, P.C., Mineola, N.Y. (Martin Block, Joseph B. Viener, and Michael F. Villeck of counsel), for appellant.
Geller Hausman, New York, N.Y. (Jay S. Hausman of counsel), for respondent.
Frank A. Scanga, New York, N.Y., for defendant Partners Cleaning Corp.
Klein, DiSomma McGlynn, New York, N.Y. (Martin M. McGlynn of counsel), for defendant third-party defendant Crosstown Interiors Contracting, Inc.
Fiedelman McGaw, Jericho, N.Y. (Susan E. Lysaght and Eugene Guarneri of counsel), for second third-party defendant Times Square District Management Association, Inc.
DANIEL W. JOY, J.P., SONDRA MILLER, WILLIAM D. FRIEDMANN, ANITA R. FLORIO, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs to the respondent payable by the appellant.
The Supreme Court correctly determined that Newmark Company Real Estate Inc. s/h/a New Mark Co. did not exercise control over the premises where the plaintiff was injured. As an out-of-possession landlord which was not contractually obligated to repair or maintain the premises, it was not liable for injuries occurring on the premises (see, Dalzell v. McDonald's Corp., 220 A.D.2d 638 ).
JOY, J.P., S. MILLER, FRIEDMANN, and FLORIO, JJ., concur.