Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendants is severed.
Generally, an out-of-possession landlord cannot be held liable for injuries that occur on his premises unless the landlord has retained control over the premises, or over the operation of the business conducted on the premises (see Borelli v 1051 Realty...
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