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VIACOM INTL v. MIDTOWN REALTY

193 A.D.2d 45 (1993)

Viacom International, Inc., Plaintiff, v. Midtown Realty Company, Respondent, and Phoenix Assurance Company of New York et al., Appellants Viacom International, Inc., Plaintiff, v. Midtown Realty Company, Appellant, and Phoenix Assurance Company of New York et al., Respondents

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

August 26, 1993

Attorney(s) appearing for the Case

Frederic R. Mindlin of counsel, New York City (Lawrence S. Greengrass and Rachel J. Yosevitz with him on the brief; Mound, Cotton & Wollan, attorneys), for Phoenix Assurance Company of New York and another.

Benjamin A. Fleischner of counsel, New York City (White, Fleischner, Fino & Wade, attorneys), for Midtown Realty Company.

ROSENBERGER, ASCH and RUBIN, JJ., concur.

SULLIVAN, J. P.

This action is an outgrowth of the extensive damage caused by an October 13, 1988, multialarm fire that occurred at 1775 Broadway, a Manhattan office building, the eighth, ninth, tenth and eleventh floors of which were occupied at the time by Viacom International, Inc., the plaintiff herein, pursuant to the terms and conditions of a comprehensive lease between Midtown Realty Company, the owner...

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