Fuentes v. Ardenwood Enterprises

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Suffolk County (Pastoressa, J), dated September 30, 2009, which denied their motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

“ ‘An out-of-possession landlord is not liable for injuries that occur on its premises unless it retains control over the premises or is contractually bound to repair unsafe conditions’ ” (Lalicata v 39-15 Skillman Realty Co., LLC, 63 AD3d 889, 890 [2009], quoting Taylor v Lastres, 45 AD3d 835, 835 [2007]).…