Ordered that the order is reversed, on the law, with costs, and the defendants' motion for summary judgment dismissing the complaint is granted.
The defendants' argument that they were not liable for injuries sustained by the plaintiff Humberto Guiterrez (hereinafter the plaintiff) because they were out-of-possession landlords was raised for the first time in their reply papers. Since the plaintiffs did not have a fair opportunity to respond to that contention, the...
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