Opinion
October 23, 1995
Appeal from the Supreme Court, Kings County (Vaccaro, J.).
Ordered that the order is affirmed, with costs.
The law is well settled that an out-of-possession landlord is not liable for injuries that occur on the premises where the lessor neither retains control over the premises nor is contractually obligated to remedy unsafe conditions (see, Suarez v. Skateland Presents Laces, 187 A.D.2d 500; La Fleur v. Power Test Realty Co., 159 A.D.2d 691). Accordingly, since the landlord in this case did not retain control and the duty of maintaining the area where the accident occurred was placed upon the tenant by the express terms of the lease, the Supreme Court properly granted the motion for summary judgment.
The plaintiff's remaining contention is improperly raised for the first time on appeal (see, Orellano v. Samples Tire Equip. Supply Corp., 110 A.D.2d 757) and, in any event, is patently without merit (see, La Fleur v. Power Test Realty Co., supra; Silver v. Brodsky, 112 A.D.2d 213). Sullivan, J.P., Thompson, Copertino, Krausman and Florio, JJ., concur.