Opinion
Argued March 21, 2000.
May 8, 2000.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Rockland County (Weiner, J.), dated February 23, 1999, which granted the defendants' respective motions for summary judgment dismissing the complaint and all cross claims insofar as asserted against them.
Terrence Ryan, Suffern, N.Y., for appellants.
Barry, McTiernan Moore, White Plains, N.Y. (William E. Fay III of counsel), for respondent Richgold Associates, L.P.
O'Connor, McGuinness, Conte, Doyle, Oleson Collins, White Plains, N.Y. (Montgomery L. Effinger of counsel), for respondent Inserra Supermarkets, Inc.
DAVID S. RITTER, J.P., DANIEL W. JOY, SONDRA MILLER, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with one bill of costs.
An out-of-possession landlord is not liable for injuries that occur on the leased premises unless it has retained control or is contractually obligated to repair or maintain the leased premises (see, Welwood v. Association For Children With Down Syndrome, 248 A.D.2d 707; see also, Turrisi v. Ponderosa, Inc., 179 A.D.2d 956). Here, the defendant Richgold Associates, L.P., demonstrated its entitlement to judgment as a matter of law by establishing that it is an out-of-possession landlord with no control over or duty to maintain the parking area where the accident allegedly occurred (see, Canela v. Foodway Supermarket, 188 A.D.2d 416). Similarly, the defendant Inserra Supermarkets, Inc., established that it had no control over or duty to maintain the parking lot (see, Rosato v. Foodtown, 208 A.D.2d 705). Under these circumstances, neither defendant may be held liable for injuries resulting from the alleged defective condition in the parking lot. Accordingly, the motions for summary judgment were properly granted.
RITTER, J.P., JOY, S. MILLER and H. MILLER, JJ., concur.