ROSADO v. NEUBERT REALTY CORP

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Supreme Court, Appellate Division, First Department, New York.

Rafael ROSADO, et al., Plaintiffs-Appellants, v. NEUBERT REALTY CORP., Defendant-Respondent.

Decided: October 27, 1998

Before MILONAS, J.P., ELLERIN, WALLACH and TOM, JJ. Mark A. Hunter, for Plaintiffs-Appellants. Sherwin Rear, for Defendant-Respondent.

Judgment, Supreme Court, Bronx County (Frank Diaz, J.), entered August 6, 1996, which, upon the prior grant of defendant's motion made at the close of plaintiff's case pursuant to CPLR 4404, dismissed the complaint, unanimously affirmed, without costs.

The complaint was properly dismissed by the trial court at the close of plaintiff's case since the evidence did not permit the jury to rationally conclude that defendant, an out-of-possession landlord, was legally responsible for plaintiff's harm (Johnson v. Urena Service Center, 227 A.D.2d 325, 326, 642 N.Y.S.2d 897, lv. denied 88 N.Y.2d 814, 651 N.Y.S.2d 16, 673 N.E.2d 1243;  see also, Velazquez v. Tyler Graphics, Ltd., 214 A.D.2d 489, 625 N.Y.S.2d 537).   At trial, there was no testimony that defendant landlord was contractually obligated to make repairs and/or maintain the parking lot where plaintiff was injured.   Nor was there evidence from which it could have been rationally inferred that defendant reserved a right to reenter the premises for purposes of inspection and maintenance or repair, or that the complained of defect involved a significant structural and/or design defect violating a specific statutory safety provision.

MEMORANDUM DECISION.