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ZIMMERMAN v. GAINES SERV. LEASING CORP.

249 A.D.2d 215 (1998)

671 N.Y.S.2d 260

Jean Zimmerman et al., Respondents, v. Gaines Service Leasing Corp. et al., Respondents, and Ronart Leasing Corp., Appellant

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

April 28, 1998

We do not reach appellant's contention in reliance upon Eaves Brooks Costume Co. v Y.B.H. Realty Corp. (76 N.Y.2d 220) that its duty extended no further than the cab company with whom it contracted to install the taxi meter, and, concomitantly, that it had no duty to plaintiff passenger with whom it was not in privity. The argument is raised for the first time on appeal and is not appropriately...

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