In an action for breach of a non-delegable duty, defendants sought dismissal of the complaint, alleging the lease between the parties, which governs a commercial tenancy, precludes liability for the alleged water leak in the complaint.

The court granted defendants’ motion, concluding that the lease barred liability against defendants for the water leak condition that caused damage to plaintiff’s store, as the documents precluded liability against defendants arising from the very condition that was alleged in the complaint.

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