Ordered that the order is affirmed insofar as appealed from, with one bill of costs.
The defendant, an out-of-possession landlord, established its entitlement to summary judgment dismissing the complaint through the submission of the lease of the premises, which obligated the tenant to maintain the premises. The affidavits of employees of both the defendant and the tenant established that once exclusive possession of the premises had been turned over to the tenant...
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