Opinion
February 26, 1996
Appeal from the Supreme Court, Kings County (Garry, J.).
Ordered that the order is affirmed, with costs.
It is well settled that an out-of-possession lessor is not liable for injuries that occur on the premises unless the lessor has retained control or is contractually obligated to repair unsafe conditions (see, Pirillo v. Long Is. R.R., 208 A.D.2d 818; Aprea v. Carol Mgt. Corp., 190 A.D.2d 838; LaFleur v. Power Test Realty Co. Ltd. Partnership, 159 A.D.2d 691). The record reveals that the landlord, the defendant 4905 Ave. D Realty, Inc., was not involved with any of the tenant's operations. Therefore, in this personal injury action arising out of a shooting incident at the tenant's night club, the court properly granted summary judgment in favor of the defendant landlord.
We have considered that plaintiff's remaining contentions and find them to be without merit. Rosenblatt, J.P., Sullivan, Copertino and Goldstein, JJ., concur.