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KRAMER v. ASH CLOTHING

213 A.D.2d 600 (1995)

624 N.Y.S.2d 926

Robert Kramer et al., Appellants, v. Ash Clothing et al., Defendants, and Leon Xanthos et al., Respondents

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

March 27, 1995

Ordered that the order is affirmed, with costs.

The Supreme Court properly dismissed the complaint insofar as it is asserted against the respondents. The record demonstrates that the respondents were landlords out of possession and did not retain sufficient dominion and control over the leased premises where the accident occurred to impose liability upon them for an allegedly defective condition existing on the premises...

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