Signorile v. Lefrak-SBN Associates

Order, Supreme Court, New York County (Helen Freedman, J.), entered March 11, 1994, which granted third-party defendant’s motion for summary judgment, unanimously affirmed, without costs.

The third-party action against the subtenant was properly dismissed on the ground that the lease, which gives defendant landlord exclusive control over the operation and access to the elevators and adjacent vestibule space where the assault for which plaintiff seeks damages took place, conclusively established that the subtenant did not have sufficient control over the premises to have assumed a duty of care…