POLAK v. BUSH LUMBER CO.


170 A.D.2d 932 (1991)

Cynthia Polak et al., Doing Business as Main Rail Inn, Respondents, v. Bush Lumber Company, Appellant

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

February 28, 1991


Mahoney, P. J.

Plaintiffs owned and operated a tavern business, known as the Main Rail Inn, located inside a 110-year-old building owned by defendant and situated in the Village of Middleburgh, Schoharie County. Plaintiffs rented the first floor of the three-story building from defendant without a lease as month-to-month tenants since 1981. On the evening of April 17, 1987, approximately 30 square feet of brick fell from the third floor facade of the...

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