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QUEENS OFFICE TOWER ASSOCIATES v. GENERAL MILLS RESTAURANT, INC.

269 A.D.2d 223 (2000)

702 N.Y.S.2d 301

QUEENS OFFICE TOWER ASSOCIATES et al., Respondents, v. GENERAL MILLS RESTAURANT, INC., Doing Business as RED LOBSTER, Defendant, and LIBERTY MUTUAL INSURANCE COMPANY, Appellant.

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

Decided February 15, 2000.

In the underlying action, a pedestrian slipped and fell on the sidewalk immediately adjacent to a restaurant owned by defendant General Mills Restaurant, doing business as Red Lobster, which leased the premises from plaintiff Queens Office Tower Associates. It is uncontradicted that the pedestrian slipped and fell on a slippery substance that leaked from a dumpster used exclusively by Red Lobster. The lease between Red Lobster and Queens Office provided that Red Lobster was...

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