Opinion
December 30, 1991
Appeal from the Supreme Court, Kings County (Vaccaro, J.).
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The plaintiff was injured when she fell on snow and ice in front of the entrance to a factory leased by the defendant to a third party. The terms of the lease required the tenant to keep the premises free of snow. The plaintiff contends that the defendant retained sufficient control of the premises to be held liable for her injuries. Under the facts of this case, we find no basis for imposing liability on the defendant, who was not in possession of the property at the time of the accident (see, Brooks v Dupont Assocs., 164 A.D.2d 847; Lynch v Lom-Sur Co., 161 A.D.2d 885; Manning v New York Tel. Co., 157 A.D.2d 264). Consequently, the defendant is entitled to summary judgment dismissing the complaint. Mangano, P.J., Lawrence, Rosenblatt and O'Brien, JJ., concur.