Cepeda v. 3604-3610 Realty Corp.

—Order, Supreme Court, New York County (Walter Tolub, J.), entered April 1, 2002, which, inter alia, granted the motion of defendant 3604-3610 Realty Corp. for summary judgment dismissing the complaint against it, unanimously affirmed, without costs.

The motion court properly found that no triable issue of fact existed as to the liability of defendant 3604-3610 Realty Corp., the owner of the subject premises, for plaintiff’s slip and fall on the metal stairs leading to the commercial premises leased by defendant Marte. There is no evidence that 3604-3610 Realty Corp., an out-of-possession…