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S.M.R.K., INC. v. 25 W. 43RD ST. CO.

250 A.D.2d 487 (1998)

673 N.Y.S.2d 119

S.M.R.K., Inc., Doing Business as Flyrite Travel, et al., Appellants, v. 25 West 43rd Street Company et al., Respondents and Third-Party Plaintiffs-Respondents. Web Security, Inc., Third-Party Defendant-Respondent

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

May 19, 1998

The action was properly dismissed on the ground that the individual defendants are unable to show that the perpetrator was an intruder, or, assuming he was, how he entered this office building (see, Maria S. v Willow Enters., 234 A.D.2d 177, 178). We would add that it also does not appear why the furnishing of a security guard in the lobby and of functioning locks and peepholes on the entrance doors to all of the building...

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