An out-of-possession landlord can be held liable for injuries that occur
on its premises only if the landlord has retained control over the
premises and if the landlord is contractually or statutorily obligated
to repair or maintain the premises or has assumed a duty to repair or
maintain the premises by virtue of a course of conduct.
Aponte v. Lee, NY Slip Op 00539 (2d Dep't February 3, 2021)