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)