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FRAHER v. JNPJC BRUSCO ASSOCIATES

286 A.D.2d 289 (2001)

729 N.Y.S.2d 140

LARRY FRAHER, Appellant, v. JNPJC BRUSCO ASSOCIATES et al., Defendants, and C.P. YANG CORP., Respondent. (And a Third-Party Action.)

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided August 30, 2001.

The complaint was properly dismissed as against defendant-respondent in view of its lease, which did not include the subject stairway as part of the demised premises or otherwise make respondent responsible for its maintenance, and in the absence of an allegation that respondent created the greasy condition (see, Millman v Citibank, 216 A.D.2d 278). We affirm, however, without prejudice to plaintiff's moving, if he is so advised...

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