Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint and all cross claims are dismissed insofar as asserted against the appellant, and the action against the remaining defendant is severed.
The appellant established that it was an out-of-possession landlord who did not retain sufficient control of the leased premises, and was not contractually obligated to repair and/or maintain the leased premises (see, Baker v Getty...
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