Donohue v. S.R.O. Cafe, Inc.

—In an action to recover damages for personal injuries, the defendant Robert A. Adamo, Jr., appeals from an order of the Supreme Court, Kings County (Knipel, J.), dated December 7, 2001, which denied his motion for summary judgment dismissing the complaint insofar as asserted against him.

Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendants is severed.

Generally, an out-of-possession landlord cannot be held liable for injuries that occur on his…