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DANI II, INC. v. 101 DUPONT LLC

2862, 155670/13.

146 A.D.3d 672 (2017)

2017 NY Slip Op 00539

44 N.Y.S.3d 905

DANI II, INC., Respondent, v. 101 DUPONT LLC et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 26, 2017.

Assuming, arguendo, that defendants established prima facie that plaintiff's alleged losses were proximately caused by an act of God with no contributing negligence on their part (see Prashant Enters. v State of New York, 206 A.D.2d 729, 730-731 [3d Dept 1994]), plaintiff's evidence in opposition raises issues of fact whether defendants adequately responded to the prompt notice they were...

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