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STATA v. VILL. OF WATERFORD

225 A.D.2d 163 (1996)

649 N.Y.S.2d 232

William Stata, Individually and as Administrator of The Estate of Kelly Stata, Deceased, Respondent, v. Village of Waterford et al., Appellants, et al., Defendants

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

November 7, 1996

Attorney(s) appearing for the Case

Randall J. Ezick, Schenectady, for appellants.

Seymour Fox, P. C., Troy (Bonnie P. Chavin of counsel), for respondent.

CARDONA, P. J., MIKOLL, CREW III and YESAWICH JR., JJ., concur.

SPAIN, J.

This action arises out of a fire which occurred during the early morning hours of May 3, 1990 at the Waterford Inn in the Town of Waterford, Saratoga County. Plaintiff and his wife, the decedent herein, were tenants of a second-floor single room efficiency apartment on the east side of the Inn, also known as room No. 6. Defendants Village of Waterford and the Waterford Village Fire District (hereinafter...

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