Ordered that the order is affirmed, with costs.
The Supreme Court properly granted the defendant's motion for summary judgment dismissing the complaint. The defendant met his prima facie burden of establishing that he was an out-of-possession landlord who was not obligated under the lease to remove snow or ice from the property and who did not retain a sufficient degree of control over the premises to provide a basis for liability (see Vijayan v Bally's Total Fitness...
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