Opinion
December 4, 1990
Appeal from the Supreme Court, New York County (David Edwards, J.).
Plaintiff, an employee of United Airlines, was injured at the United terminal at Kennedy Airport. The lease between United Airlines and the Port Authority expressly disclaims any obligation of the Port Authority to keep the premises in good repair. Accordingly, the Port Authority owes no duty to the plaintiff (see, e.g., Lynch v. Lom-Sur Co., 161 A.D.2d 885, 886; cf., Putnam v. Stout, 38 N.Y.2d 607). This conclusion is not affected by any provision of the Administrative Code of the City of New York since Port Authority functions as a State agency (Trippe v. Port of N.Y. Auth., 14 N.Y.2d 119), exempt from municipal regulation (Matter of Washington County Cease v. Persico, 99 A.D.2d 321, affd. 64 N.Y.2d 923). The plaintiff has not shown that denial of summary judgment would be warranted for lack of adequate discovery (Goldheart Intl. v. Vulcan Constr. Corp., 124 A.D.2d 507).
Plaintiff's motion to disqualify defendant's counsel is without basis, resting as it does on sheer speculation.
We have examined the remaining contention and find it to be without merit.
Concur — Ellerin, J.P., Wallach, Smith and Rubin, JJ.