DECISION ORDER
ORDERED that the order is affirmed, with costs.
Absent a duty of care to the person injured, a party cannot be held liable in negligence ( see Palsgraf v. Long Island R.R. Co., 248 N.Y. 339, 342, rearg denied 249 N.Y. 511). Here, the defendant Vigliotti Enterprises, LLC, did not owe the injured plaintiff a duty of care with respect to the safety of the off-site area where the accident occurred ( see Azriliant v. Newfy, Inc., 229 A.D.2d 411, 411-412; Balsam v. Delma Eng'g Corp., 139 A.D.2d 292, 298). While an exception to the rule exists where the owner of the abutting property makes a special use of the adjacent premises or creates or contributes to the dangerous condition ( see Vought v. Hemminger, 220 A.D.2d 580, 582; Herbert v. Rodriguez, 191 A.D.2d 887; Balsam v. Delma Eng'g Corp., supra), contrary to the plaintiffs' contention, a "common occurrence [such] as a line of waiting cars on the public thoroughfare outside a car wash, parking lot or other facility open to the public" does not constitute a special use of the public street ( Balsam v. Delma Eng'g Corp., supra at 299).
The plaintiffs' remaining contentions are without merit.
PRUDENTI, P.J., KRAUSMAN, TOWNES and SPOLZINO, JJ., concur.