MENDOLA v. 409 (1997)

 Supreme Court should have granted the motion of 409 Niagara Street Associates, Inc. (defendant), for summary judgment.   The record establishes that, on the date of plaintiff's accident, defendant was an out-of-possession owner-lessor of the property on which plaintiff fell and that it had transferred possession and control of that property to its lessee;  therefore, defendant cannot be held liable for injuries after the transfer (see, Del Giacco v. Noteworthy Co., 175 A.D.2d 516, 518, 572 N.Y.S.2d 784;  Lynch v. Lom-Sur Co., 161 A.D.2d 885, 886, 555 N.Y.S.2d 930;  Mancini v. Cappiello Realty Corp., 144 A.D.2d 154, 155, 534 N.Y.S.2d 481, lv. denied 73 N.Y.2d 708, 540 N.Y.S.2d 1003, 538 N.E.2d 355).   The fact that defendant, under the terms of the lease, reserved the right to enter the leased premises for the purposes of inspection and repair does not alter that result.   An out-of-possession landlord who reserves that right may be held liable for injuries to a third party only where a specific statutory violation exists (see, Velazquez v. Tyler Graphics, 214 A.D.2d 489, 625 N.Y.S.2d 537;  Quinones v. 27 Third City King Rest., 198 A.D.2d 23, 24, 603 N.Y.S.2d 130;  Levy v. Daitz, 196 A.D.2d 454, 601 N.Y.S.2d 294;  Brooks v. Dupont Assocs., 164 A.D.2d 847, 848-849, 559 N.Y.S.2d 733).   Plaintiff failed to establish that his injuries resulted from defendant's violation of a specific statutory provision (see, Quinones v. 27 Third City King Rest., supra ).  Consequently, we modify the order by granting defendant's motion for summary judgment and dismiss the complaint and cross claims against it.

Order unanimously modified on the law and as modified affirmed without costs.

MEMORANDUM: