Opinion
1424
June 24, 2003.
Order, Supreme Court, New York County (Jane Solomon, J.), entered May 1, 2002, which granted the motion of defendant Otis Elevator Company and the cross motion of defendant Daiichi Real Estate Company for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Steven J. Horowitz, for plaintiff-appellant.
Danielle M. Regan John A. McCarthy, for defendants-respondents.
Before: Mazzarelli, J.P., Ellerin, Williams, Lerner, Gonzalez, JJ.
Defendant Otis having met its threshold burden, plaintiff failed to satisfactorily raise any issues of fact to preclude the grant of summary judgment.
The complaint was also properly dismissed as against defendant Daiichi, an out-of-possession owner without actual or constructive notice of the alleged defect (see Healy v. ARP Cable, 299 A.D.2d 152, 154).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.