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EXUM v. KIM

221 A.D.2d 498 (1995)

633 N.Y.S.2d 408

Derrick Exum, Appellant, v. Young C. Kim et al., Respondents

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

November 20, 1995

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff was allegedly injured when he was a patron at a restaurant. The defendants Young C. Kim and Eunshin Kim are the out-of-possession landlords. The deposition testimony of the tenant and the affidavit of Young C. Kim indicated that the Kims had no involvement in the maintenance of the premises once the tenant took occupancy (see, Marchese v Fresh Meadows Assocs.,

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