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CONTINENTAL INSURANCE COMPANY v. 115-123 WEST 29TH STREET OWNERS CORP.

275 A.D.2d 605 (2000)

713 N.Y.S.2d 36

CONTINENTAL INSURANCE COMPANY, as Subrogee of SAMIR BAG CORP., Plaintiff, v. 115-123 WEST 29TH STREET OWNERS CORP., et al., Defendants. 115-123 WEST 29TH STREET OWNERS CORP., Third-Party Plaintiff-Respondent, v. AFA PROTECTIVE SYSTEMS, INC., et al., Third-Party Defendants-Appellants.

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

Decided September 7, 2000.

Owners Corp., a cooperative corporation which owns the building designated as 115-123 West 29th Street, New York, New York (the premises), entered into a service contract with Ready, a fire alarm company, for protective services for the premises. AFA, a fire alarm company related to Ready, actually serviced the premises although no contract existed between AFA and Owners Corp. Plaintiff Continental Insurance Company is the subrogee of Samir Bag Corp., a building tenant, and...

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