Opinion
September 30, 1994
Appeal from the Supreme Court, Oneida County, Shaheen, J.
Present — Balio, J.P., Lawton, Wesley, Doerr and Davis, JJ.
Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted summary judgment to defendants, landlords of the premises where plaintiff was injured. There is no evidence that defendants exercised such supervision and control over the premises at the time plaintiff was injured so as to render them liable to plaintiff (see, Lashway v. King, 179 A.D.2d 919, 921; Firpi v. New York City Hous. Auth., 175 A.D.2d 858, 859-860, lv denied 78 N.Y.2d 864; Cavanaugh v. Knights of Columbus Council 4360, 142 A.D.2d 202, lv denied 74 N.Y.2d 604). The grant of summary judgment was not premature; plaintiff failed to demonstrate that further discovery would give rise to identifiable triable issues of fact (see, Jessup v. Hedberg, 196 A.D.2d 857; Waterman v. Yamaha Motor Corp., 184 A.D.2d 1029).