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DUKE v. DUANE BROAD CO.

209 A.D.2d 159 (1994)

617 N.Y.S.2d 649

Anthony Duke et al., Plaintiffs, v. Duane Broad Co. et al., Appellants, and Admiral Elevator Corporation, Respondent

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

November 1, 1994

In light of this Court's prior determination that the jury "verdict of no liability as against defendant Admiral Elevator Corp." was supported by the evidence and "that the probable cause of the malfunction was not under Admiral's contractual control" (181 A.D.2d 589, 591, lv dismissed 79 N.Y.2d 977, lv denied 81 N.Y.2d 703), the IAS Court properly denied defendant landlord's motion to convert its cross claims against Admiral...

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