FONTANA FABRICS, INC. v. HODGE


187 A.D.2d 378 (1992)

Fontana Fabrics, Inc., et al., Respondents, v. Dale Hodge et al., Doing Business as General Fountain Company, Appellants

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

November 19, 1992


Plaintiffs were tenants of a commercial building in which defendant General Fountain Co. also was a tenant. A fire occurred on General Fountain's premises, allegedly due to its negligence, causing smoke and water damage to plaintiffs. Defendants the Hodges are the building's owners and are also the principals of General Fountain.

After the plaintiffs recovered from their insurance company, the first action against the Hodges was dismissed on the basis of a waiver...

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