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ESPADA v. CITY OF NEW YORK

2009-07418.

74 A.D.3d 1276 (2010)

903 N.Y.S.2d 237

LUIS ESPADA, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided June 29, 2010.

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

The defendants demonstrated their prima facie entitlement to judgment as a matter of law by establishing that they relinquished control of the leased premises where the plaintiff was allegedly injured, and that they were not obligated under the terms of the lease to maintain or repair the premises leased by the plaintiff's employer (see Stein v Harriet Mgt., LLC, 

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