EXTAZA OF 34TH ST. v. CITY STORES CO., INC.


62 N.Y.2d 919 (1984)

Extaza of 34th Street, Respondent, v. City Stores Co., Inc., Appellant.

Court of Appeals of the State of New York.

Decided June 14, 1984.


Attorney(s) appearing for the Case

Francis J. Donovan and Gerard V. Stapleton for appellant.

Roger Bruce Feinman for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the defendant's motion for summary judgment dismissing the complaint granted. The certified question is answered in the negative.

Although nominally an action by the tenant against its landlord to recover for water damage, the papers make clear that the real party in interest is Insurance Company of the State of Pennsylvania (State...

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