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SIMEL v. CITY OF NEW YORK

274 A.D.2d 466 (2000)

711 N.Y.S.2d 28

ELAINE SIMEL, Plaintiff, v. CITY OF NEW YORK et al., Defendants, 40-27 235TH STREET CORP., Respondent, and KNIGHTS OF COLUMBUS, Appellant.

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

Decided July 17, 2000.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff allegedly tripped and fell on a sidewalk adjacent to the premises owned by the defendant 40-27 235th Street Corp. (hereinafter 40-27) and leased to the defendant Knights of Columbus (hereinafter the Knights). Pursuant to paragraph 36 of the lease, the Knights were required to obtain a general liability insurance policy covering "the said premises as well as the sidewalk" and naming...

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