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ELLINGTON v. R.L.S.A. REALTY CORP.

202 A.D.2d 229 (1994)

609 N.Y.S.2d 781

Jessie J. Ellington, Jr., et al., Respondents, v. R.L.S.A. Realty Corp., Appellant and Third-Party Plaintiff, et al., Third-Party Defendants. (And a Second Third-Party Action.)

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

March 8, 1994

In this action by tenants of an apartment hotel for injuries allegedly sustained in a fire on defendant's premises, there are triable issues of fact regarding the owner's maintenance of safe premises. Moreover, summary judgment would be premature under the circumstances, in view of plaintiff's outstanding discovery...

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