Opinion
November 6, 1995
Appeal from the Supreme Court, Nassau County (Segal, J.).
Ordered that the orders are affirmed, with separate bills of costs payable to the respondents by the appellants.
TC Services, the owner of the premises where the plaintiff Thomas O'Gorman was working at the time he was allegedly assaulted by an unidentified assailant, is an out-of-possession landlord, the premises having been leased to Trans Con Lines as a trucking facility. Although an out-of-possession landlord may be subject to liability for injuries caused to an individual on the premises when it is contractually obligated to make repairs or maintain the premises (see, Putnam v Stout, 38 N.Y.2d 607; see also, Ahmad v Getty Petroleum Corp., 217 A.D.2d 600; Bettis v County of Nassau, 212 A.D.2d 749), here the lease agreement does not contain such an obligation. Moreover, there is no evidence that TC Services was involved in the daily operations of the trucking facility, or that it retained a sufficient degree of dominion and control over the premises to provide a basis for the imposition of liability (see, Kramer v Ash Clothing, 213 A.D.2d 600).
We further find that summary judgment was properly granted to Gold Shield Security Investigation, Inc. (hereinafter Gold Shield) because the plaintiffs failed to establish that the contract between Trans Con Lines and Gold Shield intended to confer a direct benefit upon Thomas O'Gorman, a Trans Con Lines employee, as a third-party beneficiary, to protect him from physical injury (see, Bernal v Pinkerton's, Inc., 52 A.D.2d 760, affd 41 N.Y.2d 938; see, Johnson v McLane Assocs., 201 A.D.2d 436, citing Paradiso v Apex Investigators Sec. Co., 91 A.D.2d 929; cf., Flynn v Niagara Univ., 198 A.D.2d 262).
We have examined the plaintiffs' remaining contentions and find them to be without merit. Ritter, J.P., Pizzuto, Santucci and Krausman, JJ., concur.