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APPLEBY v. WEBB

186 A.D.2d 1078 (1992)

William N. Appleby, as Administrator of The Estate of Charles Appleby, Also Known as Charles R. Appleby, Jr., Deceased, Respondent, v. Harry A. Webb et al., Appellants, and Village of Warsaw, Respondent

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

October 7, 1992

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Defendants Harry A. Webb and Mary T. Webb own a two-story building in the Village of Warsaw consisting of a lower storefront and an upper flat. The Webbs operated a florist shop upon the premises and had leased the apartment to plaintiff's daughter. Plaintiff was temporarily residing with his daughter when, on October 13, 1987, he was injured in a fire...

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