Opinion
October 27, 1998
Appeal from the Supreme Court, Bronx County (Frank Diaz, J.).
The complaint was properly dismissed by the trial court at the close of plaintiff's case since the evidence did not permit the jury to rationally conclude that defendant, an out-of-possession landlord, was legally responsible for plaintiff's harm ( Johnson v. Urena Serv. Ctr., 227 A.D.2d 325, 326, lv denied 88 N.Y.2d 814; see also, Velazquez v. Tyler Graphics, 214 A.D.2d 489). At trial, there was no testimony that defendant landlord was contractually obligated to make repairs and/or maintain the parking lot where plaintiff was injured. Nor was there evidence from which it could have been rationally inferred that defendant reserved a right to reenter the premises for purposes of inspection and maintenance or repair, or that the complained of defect involved a significant structural and/or design defect violating a specific statutory safety provision.
Concur — Milonas, J. P., Ellerin, Wallach and Tom, JJ.