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KULKOWITZ v. 122-124 DUANE REALTY CORP.

183 A.D.2d 440 (1992)

Harry Kulkowitz, Appellant, v. 122-124 Duane Realty Corporation, Appellant, and Brookes Brian, Ltd., Doing Business as Gorsart Clothes, Respondent

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

May 7, 1992

Plaintiff was injured by a sign that fell from a building owned by defendant Duane Realty. For purposes of the motion, it is conceded that the sign had previously belonged to defendant Brookes Brian, a former tenant which had vacated the premises some five years before the accident. Pursuant to the terms of codefendants' lease, all property not removed at the end of the tenancy would be deemed abandoned, and, at the landlord's option...

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