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GARCIA v. HOME CTR., INC.

240 A.D.2d 629 (1997)

659 N.Y.S.2d 1005

Nellie Garcia, Respondent, v. Home Center, Inc., Respondent, and Moses Klug et al., Appellants

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

June 23, 1997

Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the defendants Moses Klug and Esther Klug, and the action against the remaining defendant is severed.

The defendants Moses Klug and Esther Klug established that they were not responsible for the maintenance and repair of the leased premises (see, Wright v Feinblum,

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