Opinion
December 29, 1997
Appeal from the Supreme Court, Nassau County (Bucaria, J.).
Ordered that the order is affirmed, with costs.
The plaintiff alleges in his complaint that, at the time of the decedent's accident, the respondents were the lessees of certain premises located at 605 Rockaway Turnpike, in Lawrence, New York. The evidentiary submissions of the respondents established that the critical allegation as to their status as lessees of this property was "manifestly false" ( CD Music Co. v. Bassline, Inc., 242 A.D.2d 291). The plaintiff failed to demonstrate any alternative basis upon which the respondents might be held liable for the decedent's injury and subsequent death. The Supreme Court therefore properly dismissed the complaint insofar as asserted against them ( see, Jacobs v. Haber, supra; see also, Pebble Cove Homeowners' Assn. v. Fidelity N Y, 153 A.D.2d 843).
Bracken, J. P., Pizzuto, Altman, Krausman and Lerner, JJ., concur.