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ECKERS v. SUEDE

294 A.D.2d 533 (2002)

743 N.Y.S.2d 129

PEGGY ECKERS, Appellant, v. IRVING I. SUEDE et al., Defendants and Third-Party Plaintiffs-Respondents. H & R BLOCK EASTERN TAX SERVICES, INC., Third-Party Defendant-Respondent.

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

Decided May 28, 2002.

Ordered that the order is affirmed insofar as appealed from, with costs.

"It is well settled that an out-of-possession owner or lessor is not liable for injuries that occur on the premises unless the owner or lessor has retained control over the premises or is contractually obligated to repair or maintain the premises" (Dalzell v McDonald's Corp., 220 A.D.2d 638, 639; see Putnam v Stout, 38 N.Y.2d...

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