Opinion
November 26, 1990
Appeal from the Supreme Court, Kings County (Hutcherson, J.).
Ordered that the order is modified, by deleting the provision thereof which granted the motion of the defendant Republic Elevator Company, Inc., for summary judgment dismissing the complaint as against it, and substituting therefor a provision denying that motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
The plaintiff, an employee of the New York City Health Hospitals Corporation, was injured in an elevator accident which occurred in Kings County Hospital, a building that the City of New York leased to the New York City Health Hospitals Corporation. Since it cannot be said that the hospital building was leased for a "public purpose", and the City of New York did not make a covenant to repair or reserve a right of reentry, there is no basis to impose liability against the City of New York, as a landlord lessor out of possession (see, Guzman v. Haven Plaza Hous. Dev. Fund Co., 69 N.Y.2d 559). Thus, the complaint insofar as it is asserted against the defendant City of New York was properly dismissed.
However, the motion of Republic Elevator Company, Inc., for summary judgment is premature since it has failed to provide the plaintiff with relevant facts exclusively within its knowledge and control. Thus, the court erred when it granted that defendant's motion for summary judgment (see, CPLR 3212 [f]; Terranova v. Emil, 20 N.Y.2d 493). Mangano, P.J., Bracken, Lawrence and Ritter, JJ., concur.