SHINSHINE CORP. v. KINNEY SYS., INC.


173 A.D.2d 293 (1991)

Shinshine Corp., Respondent, v. Kinney System, Inc., Appellant

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

May 16, 1991


Plaintiff operates a delicatessen in ground floor space it subleases from defendant; on the remaining six floors above plaintiff's premises, defendant operates a public parking garage. Opening up for business one Monday morning after being closed for the weekend, plaintiff found that its drop ceiling had collapsed, that parts of the "concrete deck" that constitutes the floor of the garage above it had fallen into its premises, and that dust and water were flowing into its...

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