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GRIPPO v. CITY OF NEW YORK

45 A.D.3d 639 (2007)

846 N.Y.S.2d 264

DEBORAH GRIPPO, Appellant, v. CITY OF NEW YORK et al., Defendants, and NEW YORK CITY INDUSTRIAL DEVELOPMENT AGENCY et al., Respondents.

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

Decided November 13, 2007.

Ordered that the order is affirmed, with costs.

An out-of-possession property owner is not liable for injuries that occur on the property unless the owner has retained control over the premises or is contractually obligated to perform maintenance and repairs (see Nikolaidis v La Terna Rest., 40 A.D.3d 827 [2007]; Rhian v PABR Assoc., LLC, 38 A.D.3d 637

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