CLARENDON PLACE v. LANDMARK


182 A.D.2d 6 (1992)

Clarendon Place Corporation et al., Respondents, v. Landmark Insurance Company et al., Respondents, and Robert S. Black, as Public Administrator for Bronx County, Appellant

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

July 23, 1992


Attorney(s) appearing for the Case

Susan M. Karten of counsel (Perry S. Reich and Michael Berman with her on the brief; Castro & Karten, attorneys), for appellant.

Thomas Rubertone, Jr., of counsel (Dublirer, Haydon, Strachi & Victor, attorneys), for Clarendon Place, respondent.

Noel F. Beck of counsel (Provizer, Lichtenstein, Pearlman & Phillips and Brody & Fabiani, attorneys), for Transamerica Insurance Company, respondent.

Mary Kay Vyskocil of counsel (John D. Soriano, David L. De Luca and Thomas J. Spellman III with her on the brief; Simpson Thacher & Bartlett, attorneys), for Federal Insurance Company, respondent.

CARRO and WALLACH, JJ., concur with SULLIVAN, J.; MURPHY, P. J., and ROSENBERGER, J., dissent in an opinion by ROSENBERGER, J.


SULLIVAN, J.

The March 25, 1990 Happyland Social Club fire in which 87 persons lost their lives occurred in a building owned by Clarendon Place Corporation, of which Alex DiLorenzo is the sole shareholder. Both DiLorenzo and Clarendon Place, the plaintiffs in the instant action, have been named as defendants in pending actions to recover damages for personal injury and...

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