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BOLDEN v. NEW MARK & CO.

270 A.D.2d 221 (2000)

704 N.Y.S.2d 856

YVETTE BOLDEN, Appellant, v. NEW MARK & CO., Respondent, et al., Defendant, and NEWMARK & COMPANY REAL ESTATE, INC., Sued Herein as NEW MARK & CO., et al., Defendants and Third-Party Plaintiffs-Respondents. TIMES SQUARE BUSINESS IMPROVEMENT DISTRICT COMMITTEE, INC., et al., Third-Party Defendants-Respondents.

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

Decided March 6, 2000.

Ordered that the order is affirmed insofar as appealed from, with costs to the respondent payable by the appellant.

The Supreme Court correctly determined that Newmark & Company Real Estate, Inc. s/h/a New Mark & Co. did not exercise control over the premises where the plaintiff was injured. As an out-of-possession landlord which was not contractually obligated to repair or maintain the premises, it was not liable for injuries occurring on the premises (

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