Opinion
June 13, 1994
Appeal from the Supreme Court, Queens County (Rutledge, J.).
Ordered that the order is affirmed, without costs or disbursements.
"As a general rule, liability for dangerous conditions on land does not extend to a prior owner of the premises" (Bittrolff v Ho's Dev. Corp., 77 N.Y.2d 896, 898; see, Pharm v. Lituchy, 283 N.Y. 130, 132). "A narrow exception exists, however, and liability may be imposed [on a prior owner] where a dangerous condition existed at the time of the conveyance and the new owner has not had a reasonable time to discover the condition, if it was unknown, and to remedy the condition once it is known" (Bittrolff v. Ho's Dev. Corp., supra, at 898; see, Farragher v City of New York, 26 A.D.2d 494, 496, affd on opn below 21 N.Y.2d 756).
Here, the respondents-appellants, the prior owners of the premises where the plaintiff Felix T. Mullen was injured, do not fit within the foregoing exception in order to be held liable to the plaintiffs. Accordingly, the Supreme Court properly granted summary judgment to the respondents-appellants, who tendered sufficient evidence to demonstrate the absence of any material issue of fact (see, Alvarez v. Prospect Hosp., 68 N.Y.2d 320).
In addition, the Supreme Court properly denied the respondents-appellants' request for attorney's fees and costs pursuant to CPLR 8303-a. Sullivan, J.P., Balletta, Joy and Friedmann, JJ., concur.