Opinion
November 16, 1994
Appeal from the Supreme Court, Oneida County, Tenney, J.
Present — Green, J.P., Pine, Lawton, Callahan and Doerr, JJ.
Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted defendants' motion for summary judgment. "It is well settled that an out-of-possession landlord who relinquishes control of the premises and is not contractually obligated to repair unsafe conditions is not liable to employees of a lessee for personal injuries caused by an unsafe condition existing on the premises" (De Brino v. Benequista Benequista Realty, 175 A.D.2d 446). The record establishes that defendants did not retain any control over the premises in their lease agreement with plaintiff's employer and that they did not undertake a course of conduct demonstrating that they had assumed responsibility to make repairs (see, Putnam v. Stout, 38 N.Y.2d 607, 617; Mancini v. Cappiello Realty Corp., 144 A.D.2d 154, 155, lv denied 73 N.Y.2d 708; Gelardo v. ASMA Realty Corp., 137 A.D.2d 787, 788). Plaintiff submitted no evidence supporting the contention that her injury occurred in an area open to the public (see, Strade v. Ryan, 97 A.D.2d 880). Further, absent proof that defendants possessed or exercised any authority or control over the workplace, defendants are not liable to plaintiff for the alleged violations of Federal and State occupational safety regulations. Thus, the court properly denied plaintiff's motion to amend the bill of particulars to allege violations of 29 C.F.R. § 910.23 and 12 N.Y.CRR part 16 (see, Lafleur v. Power Test Realty Co. Ltd. Partnership, 159 A.D.2d 691, 692; Mancini v. Cappiello Realty Corp., supra, at 155).