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INDUS. RISK INSURERS v. ERNST

224 A.D.2d 389 (1996)

638 N.Y.S.2d 109

Industrial Risk Insurers, Respondent, v. John L. Ernst et al., Appellants, and Sol Niego Associates et al., Respondents

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

February 5, 1996

Ordered that the order is reversed, on the law, with costs, the motion of the defendants John L. Ernst and Cedarhurst Joint Venture for summary judgment is granted, the complaint and all cross claims are dismissed insofar as asserted against them, and the action against the remaining defendants is severed.

The plaintiff's subrogor, Pergament Distributors, Inc. (hereinafter Pergament), leased a store in a shopping center...

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