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GILBERT v. 4905 AVE. D REALTY, INC.

224 A.D.2d 659 (1996)

638 N.Y.S.2d 726

Stephen Gilbert, Appellant, v. 4905 Ave. D Realty, Inc., Respondent, et al., Defendant

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

February 26, 1996

Ordered that the order is affirmed, with costs.

It is well settled that an out-of-possession lessor is not liable for injuries that occur on the premises unless the lessor has retained control or is contractually obligated to repair unsafe conditions (see, Pirillo v Long Is. R. R., 208 A.D.2d 818; Aprea v Carol Mgt. Corp., 190 A.D.2d 838; LaFleur v Power Test Realty Co...

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