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TANOURY v. CANCILLA

149 A.D.2d 960 (1989)

Jeffrey L. Tanoury, Respondent, v. Vincent Cancilla, Appellant, et al., Defendant. (And a Third-Party Action.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 14, 1989

Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum:

Defendant Vincent Cancilla is entitled to summary judgment dismissing plaintiff's complaint against him. An out-of-possession lessor is not liable for injuries that occur on the leased premises unless the lessor has retained a contractual responsibility to keep the premises in repair (Putnam v Stout, 38 N.Y.2d 607

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