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RUBENSTEIN v. 641 LEXINGTON AVE. CORP.

34 Misc.2d 21 (1961)

Sam Rubenstein et al., Doing Business under the Name of Imperial Crayon Co., Plaintiffs, v. 641 Lexington Avenue Corporation, Defendant, and Third-Party Plaintiff-Respondent. Kingsway Store Fixture Co., Inc., Third-Party Defendant-Appellant.

Supreme Court, Appellate Term, Second Department.

December 20, 1961

Attorney(s) appearing for the Case

Sidney Grossman for appellant. August Zolotorofe for respondent.

Concur — HART, DI GIOVANNA and BENJAMIN, JJ.

Per Curiam.

The original complaint served by the plaintiffs tenants on defendant landlord charges defendant with improper maintenance of the sprinkler system in violation of its contractual and common-law duty, in that it failed to furnish heat in the premises during freezing weather. It is alleged that as a result there was a freezing and bursting of the sprinkler system with resultant damage to plaintiff's property...

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