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ARTHUR RICHARDS, INC. v. 79 FIFTH AVE. CO.

88 A.D.2d 517 (1982)

Arthur Richards, Inc., Respondent, v. 79 Fifth Avenue Company et al., Appellants, and L & D Outerwear Co., Inc., Respondent

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

May 11, 1982

The jury found the tenant, L & D Outerwear Co., Inc., to be 80% liable for the overflow that occurred on the sixteenth floor in the building. The jury found 79 Fifth Avenue Company and Orda Management Corporation, the owner and managing agent, to be 20% responsible for the damages. We would hold L & D to be 100% liable for the property damage. The evidence indicates that the appellants informed L & D's president, Isaac Wertman, that the water would be turned off...

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