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MELODEE LANE CO. v. AMER. DIST. TEL. CO.

18 N.Y.2d 57 (1966)

Melodee Lane Lingerie Co., Respondent, v. American District Telegraph Company et al., Appellants.

Court of Appeals of the State of New York.

Decided June 9, 1966.

Attorney(s) appearing for the Case

Thomas C. Platt, Frank A. Fritz and Robert O. Donnelly for American District Telegraph Company, appellant.

John Nielsen and Albert P. Thill for remaining appellants.

Saul Goldstein and Max J. Gwertzman for respondent.

Judges FULD, SCILEPPI, BERGAN and KEATING concur with Judge VAN VOORHIS; Chief Judge DESMOND dissents, in part, in a memorandum in which Judge Burke concurs.

VAN VOORHIS, J.

Plaintiff occupied the second floor of a loft building owned by defendant 970 Kent Avenue Corp. and managed by defendant Grosfeld House, Inc. A sprinkler head located on plaintiff's premises, which was covered by an alarm system, gave way releasing water which damaged property owned by plaintiff on its premises.

In this action for damages, the trial court found that defendant American District...

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