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MASON v. UESS LEASING CORP.

274 A.D.2d 79 (2000)

712 N.Y.S.2d 465

YOLANDA MASON, Appellant, v. U.E.S.S. LEASING CORPORATION et al., Respondents. (And a Third-Party Action.)

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

August 3, 2000.

Attorney(s) appearing for the Case

James W. Hubert (Jack Lester on the brief), for appellant.

Daniel I. Berk of counsel (Bivona & Cohen, P. C., attorneys), for U.E.S.S. Leasing Corporation and another, respondents.

Michael J. Pearsall of counsel (Marshall, Conway & Wright, P. C., attorneys), for Mid-City Security Service, Inc., respondent.

NARDELLI, J.P., and MAZZARELLI, J., concur with ANDRIAS, J.; TOM and BUCKLEY, JJ., dissent in a separate opinion by TOM, J.

OPINION OF THE COURT

ANDRIAS, J.

Shortly after seven o'clock in the morning of July 11, 1992, plaintiff was awakened by a phone call from her live-in boyfriend, who was in a store across the street and wanted to know if she needed anything from the store. According to plaintiff, he told her he would be upstairs in five minutes. Plaintiff then lay down again to wait for her boyfriend. Shortly thereafter, the doorbell to the apartment rang and, thinking it...

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