Opinion
June 5, 1992
Appeal from the Supreme Court, Herkimer County, Auser, J.
Present — Boomer, J.P., Balio, Lawton, Fallon and Doerr, JJ.
Order unanimously reversed on the law without costs and motion granted. Memorandum: Supreme Court erred in denying the motion of defendants Eugene and Eleanor Tucker for summary judgment dismissing plaintiff's complaint. Defendants produced evidence in admissible form that demonstrated that the parking lot where plaintiff fell was not part of the premises leased to them and that they were not in control of the parking lot. Consequently, defendants owed no duty to keep the parking lot in good repair (see, Shire v. Ferdinando, 161 A.D.2d 573, lv denied 76 N.Y.2d 713; McGill v. Caldors, Inc., 135 A.D.2d 1041; Elmlinger v. Board of Educ., 132 A.D.2d 923). In opposition plaintiff submitted only the affidavit of his attorney, which was insufficient to raise a triable issue concerning defendants' possession or control of the parking lot (see, McGill v. Caldors, Inc., supra).