Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the defendant Abdulla K. Saleh, and the action against the remaining defendants is severed.
On January 18, 1994, the plaintiff Robert Fajen slipped and fell on ice outside of the Eden Deli. The defendant Abdulla K. Saleh submitted proof that he was an out-of-possession lessor
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