Nieves v. Burnside Associates

Order, Supreme Court, Bronx County (Dominic R. Massaro, J), entered June 26, 2008, which denied defendant Burnside’s motion for summary judgment, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment in favor of Burnside Associates, LLC dismissing the complaint as against it.

Out-of-possession owner Burnside, which had no contractual obligation to repair, cannot be liable for plaintiffs alleged injury absent an allegation that the defective condition resulting in the accident constituted a specific statutory safety violation (see…