Opinion
September 26, 1994
Appeal from the Supreme Court, Queens County (LeVine, J.).
Ordered that the order is affirmed insofar as appealed from, with one bill of costs.
The defendant, an out-of-possession landlord, established its entitlement to summary judgment dismissing the complaint through the submission of the lease of the premises, which obligated the tenant to maintain the premises. The affidavits of employees of both the defendant and the tenant established that once exclusive possession of the premises had been turned over to the tenant, the defendant had no involvement in the maintenance of the area in which the accident occurred (see, Kinner v. Corning, Inc., 190 A.D.2d 977). In opposition thereto, the plaintiff relied solely upon the fact that under the terms of the lease, the defendant reserved the right to re-enter the premises. The plaintiff failed to submit any evidentiary facts with respect to the nature or duration of the defect which allegedly caused the accident (see, Aprea v. Carol Mgt. Corp., 190 A.D.2d 838; Gelardo v. ASMA Realty Corp., 137 A.D.2d 787, 788; Silver v. Brodsky, 112 A.D.2d 213, 214). Thus, the plaintiff failed to meet her burden of raising a triable issue of fact as to whether the defendant had actual or constructive notice of the defect, or whether the defendant retained sufficient control over the premises such that liability could be imposed upon it under the circumstances (see, Hecht v Vanderbilt Assocs., 141 A.D.2d 696, 699-700; see also, Kamp v Arbern Realty Co., 153 A.D.2d 485). Accordingly, the Supreme Court properly granted the defendant's motion for summary judgment dismissing the complaint. Balletta, J.P., O'Brien, Copertino and Florio, JJ., concur.