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PAYLESS DISC. CTRS., INC. v. 25-29 NORTH BROADWAY CORP.

83 A.D.2d 960 (1981)

Payless Discount Centers, Inc., Appellant, v. 25-29 North Broadway Corporation, Defendant and Third-Party Plaintiff-Respondent. H. G. Vogel Company et al., Third-Party Defendants-Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 28, 1981

Judgment reversed, on the law, motion to dismiss denied, and new trial granted as to all parties and causes, with costs to abide the event.

Plaintiff, Payless Discount Centers, Inc., leased a store in the building at 25-29 North Broadway, Yonkers, from the defendant in 1973. On February 2, 1974, a portion of the pre-existing sprinkler system within Payless' store collapsed, resulting in a flood and the destruction of a quantity of merchandise. Payless brought this...

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