Alladice v. City of New York

*478Order, Supreme Court, New York County (Michael D. Stall-man, J.), entered June 14, 2012, which denied petitioner’s motion for leave to file an untimely notice of claim, unanimously affirmed, without costs.

Petitioner’s application for leave to file a late notice of claim was properly denied. Respondent the City of New York is an out-of-possession landlord that does not have responsibility for the allegedly hazardous condition of the subway platform, and therefore, petitioner’s claim against it lacks merit (see Arteaga v City of New York, 101 AD3d 454, 454 [1st Dept 2012]). In addition,…