Lee v. Flaum

—In an action, inter alia, to recover damages for personal injuries and wrongful death, the defendants third-party plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (R. Goldberg, J.), dated June 19, 2000, as granted the motion of the third-party defendants for summary judgment dismissing the third-party complaint.

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 that entity retained control of…