Davis v. New York City Housing Authority

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Rappaport, J.), dated January 29, 1999, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

A defendant, as an out-of-possession owner, may be liable for violation of certain provisions of the Administrative Code of the City of New York, where, as here, it retained a right to reenter (see, Guzman v Haven Plaza Hous. Dev. Fund Co., 69 NY2d 559). Here, however, the defendant established that…