Opinion
2016–04112 Index No. 4812/14
08-01-2018
Maureen VICCHIARELLI, appellant, v. COLD SPRING HILLS REALTY CO., LLC, respondent.
Robert K. Young & Associates, P.C., Merrick, N.Y. (Gary J. Young of counsel), for appellant. Tromello, McDonnell & Kehoe, Melville, N.Y. (Kevin P. Slattery of counsel), for respondent.
Robert K. Young & Associates, P.C., Merrick, N.Y. (Gary J. Young of counsel), for appellant.
Tromello, McDonnell & Kehoe, Melville, N.Y. (Kevin P. Slattery of counsel), for respondent.
MARK C. DILLON, J.P., JOHN M. LEVENTHAL, ROBERT J. MILLER, COLLEEN D. DUFFY, JJ.
DECISION & ORDER
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (John H. Rouse, J.), dated March 2, 2016. The order, insofar as appealed from, granted the defendant's motion for summary judgment dismissing the complaint.
ORDERED that the order is affirmed insofar as appealed from, with costs.
The defendant, the owner of certain premises located in Woodbury, leased the premises to UPR Care Corp., doing business as Cold Spring Hills Center for Nursing and Rehabilitation (hereinafter Cold Spring Hills). Cold Spring Hills operates a nursing and rehabilitation facility on the premises. On January 13, 2014, the plaintiff, an employee of Cold Spring Hills, slipped on "black ice" in the parking lot of the premises. The plaintiff thereafter commenced this action against the defendant to recover damages for injuries arising out of that fall. The defendant moved for summary judgment dismissing the complaint on the ground, inter alia, that it was an out-of-possession landlord. The Supreme Court granted the motion. The plaintiff appeals, and we affirm.
"An out-of-possession landlord is not liable for injuries that occur on its premises unless the landlord has retained control over the premises and has a ‘duty imposed by statute or assumed by contract or course of conduct’ " ( Casson v. McConnell, 148 A.D.3d 863, 864, 49 N.Y.S.3d 711, quoting Alnashmi v. Certified Analytical Group, Inc., 89 A.D.3d 10, 18–19, 929 N.Y.S.2d 620 ). A landlord who has transferred possession and control generally is not liable for injuries caused by dangerous conditions on the property (see Elsayed v. Al Farha Corp., 132 A.D.3d 942, 943, 20 N.Y.S.3d 80 ; Byrd v. Brooklyn 46 Realty, LLC, 129 A.D.3d 882, 883, 10 N.Y.S.3d 642 ).
In support of its motion for summary judgment dismissing the complaint, the defendant submitted a copy of the lease between it and Cold Spring Hills. The lease provided that the maintenance of the entire premises, including the parking lot, was the responsibility of Cold Spring Hills. The evidence submitted in support of the motion shows that the defendant was an out-of-possession landlord and that Cold Spring Hills performed the maintenance of the entire premises. In opposition, the plaintiff failed to raise a triable issue of fact (see Byrd v. Brooklyn 46 Realty, LLC, 129 A.D.3d at 883, 10 N.Y.S.3d 642 ; Alnashmi v. Certified Analytical Group, Inc., 89 A.D.3d at 19, 929 N.Y.S.2d 620 ).
The plaintiff's remaining contentions are without merit.
Accordingly, we agree with the Supreme Court's determination granting the defendant's motion for summary judgment dismissing the complaint.
DILLON, J.P., LEVENTHAL, MILLER and DUFFY, JJ., concur.