Opinion
2001-08035
Argued May 3, 2002.
June 10, 2002.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Mahon, J.), entered June 27, 2001, which granted the motion of the defendant Joseph Buffalino for summary judgment dismissing the complaint insofar as asserted against him.
Bailly McMillan, LLP, White Plains, N.Y. (Brian M. Healy of counsel), for appellant.
Anita Nissan Yehuda, Roslyn Heights, N.Y., for respondent.
Before: MYRIAM J. ALTMAN, J.P., SONDRA MILLER, LEO F. McGINITY, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court properly granted summary judgment in favor of the defendant Joseph Buffalino (hereinafter the defendant), dismissing the complaint insofar as asserted against him. The defendant established that he did not install the allegedly defective closet door, that he was an out-of-possession landlord who did not retain sufficient control over the leased premises to be held to have had constructive notice of the alleged condition, and that he was not contractually obligated to perform maintenance and repairs upon the premises (see Wheeler v. Princess Assocs., 259 A.D.2d 611; Gallo v. Apollon City Corp., 278 A.D.2d 363; Putnam v. Stout, 38 N.Y.2d 607). While reservation of a right to re-enter the premises for the purpose of inspection and repair may constitute sufficient retention of control, the plaintiff failed to offer evidence of a significant structural defect or of any specific statutory violations (see Stark v. Port Auth. of N.Y. N.J., 224 A.D.2d 681).
The plaintiff's remaining contentions are without merit.
ALTMAN, J.P., S. MILLER, McGINITY and SCHMIDT, JJ., concur.