Medrano v. Lobasco

—In an action to recover damages for wrongful death, the defendants appeal from an order of the Supreme Court, Queens County (Durante, J.), dated April 23, 1998, which denied their motion pursuant to CPLR 3211 (a) (5) to dismiss the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiff’s decedent died as a result of injuries he suf*372fered when he fell down a set of stairs in a building allegedly owned by the defendants at 31-23 Linden Place, Flushing. The defendant Annchar Realty Co. (hereinafter Annchar) is a…