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WRIGHT v. OLYMPIA & YORK COMPANIES (U.S.A.) INC.

273 A.D.2d 24 (2000)

709 N.Y.S.2d 41

LETITIA WRIGHT, Respondent, v. OLYMPIA & YORK COMPANIES (U.S.A.) INC. et al., Appellants, et al., Defendant.

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

Decided June 6, 2000.

Plaintiff was injured when she fell through the drop ceiling situated between the mezzanine and the lower level of a store located on premises owned by defendants-appellants. Although the mezzanine had been installed by appellants' lessee, the lease provided that all material alterations were to be approved by appellants, prior to and after construction. This provision is sufficient to raise a triable issue as to whether appellants...

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