Opinion
2002-00443
Argued November 19, 2002.
December 16, 2002.
In an action to recover damages for personal injuries, the defendant Robert A. Adamo, Jr., appeals from an order of the Supreme Court, Kings County (Knipel, J.), dated December 7, 2001, which denied his motion for summary judgment dismissing the complaint insofar as asserted against him.
White McSpedon, P.C. New York, N.Y. (Sally A. Monteleone and Dario Chinigo of counsel), for appellant.
Donna H. Clancy, New York, N.Y. (Erika Pandolfini of counsel), for respondent.
Before: A. GAIL PRUDENTI, P.J., ANITA R. FLORIO, WILLIAM D. FRIEDMANN, THOMAS A. ADAMS, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendants is severed.
Generally, an out-of-possession landlord cannot be held liable for injuries that occur on his premises unless the landlord has retained control over the premises, or over the operation of the business conducted on the premises (see Borelli v. 1051 Realty Corp., 242 A.D.2d 517; Dalzell v. McDonald's Corp., 220 A.D.2d 638). Here, the appellant landlord did not operate, maintain, or supervise the premises where the plaintiff was injured. Since the plaintiff failed to come forward with evidence raising a question of fact, summary judgment should have been granted to the appellant.
PRUDENTI, P.J., FLORIO, FRIEDMANN and ADAMS, JJ., concur.