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DISCINI v. RICHGOLD ASSOCIATES, L.P.

272 A.D.2d 366 (2000)

707 N.Y.S.2d 363

GLORIA DISCINI et al., Appellants, v. RICHGOLD ASSOCIATES, L.P., et al., Respondents.

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

Decided May 8, 2000.

Ordered that the order is affirmed, with one bill of costs.

An out-of-possession landlord is not liable for injuries that occur on the leased premises unless it has retained control or is contractually obligated to repair or maintain the leased premises (see, Welwood v Association for Children With Down Syndrome, 248 A.D.2d 707; see also, Turrisi v Ponderosa, Inc.,

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