Opinion
February 23, 1998
Appeal from the Supreme Court, Rockland County (Sherwood, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
"`[L]iability for a dangerous or defective condition on property is generally predicated upon ownership, occupancy, control or special use of the property * * * Where none is present, a party cannot be held liable for injuries caused by the dangerous or defective condition of the property'" ( Turrisi v. Ponderosa, Inc., 179 A.D.2d 956, 957, quoting Balsam v. Delma Eng'g Corp., 139 A.D.2d 292, 296-297). We agree with the Supreme Court that the plaintiffs failed to demonstrate that the defendant First Nationwide Bank made a special use of the property upon which the injured plaintiff fell ( see, Lobel v. Rodco Petroleum Corp., 233 A.D.2d 369).
The plaintiffs' remaining contentions are without merit.
Rosenblatt, J.P., Miller, Ritter and Copertino, JJ., concur.