Ordered that the order is affirmed, with costs.
The plaintiffs have raised triable issues of fact (see, CPLR 3212 [b]) as to whether the appellant retained control over the premises where the accident occurred and whether the appellant properly maintained the premises.
The appellant's claim that it cannot be held liable because the injuries sustained by the plaintiff Jayson Johnson resulted from the intervening act of a third person is raised for the...
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