ROSA v. PHILIP MORRIS MANAGEMENT CORPORATION


303 A.D.2d 190 (2003)

757 N.Y.S.2d 527

ONRIS DE LA ROSA, Respondent, v. PHILIP MORRIS MANAGEMENT CORPORATION, Respondent, and SHORENSTEIN COMPANY EAST, L.P., Appellant, et al., Defendant.

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

Decided March 11, 2003.


Defendant Philip Morris Management Corporation (Philip Morris) owns certain premises located at 120 Park Avenue in Manhattan. Philip Morris contracted with defendant The Shorenstein Company East, L.P. (Shorenstein) to manage day-to-day operations and maintain the premises, including hiring outside contractors, as needed, to perform emergency repairs. On February 24, 1998, Philip Morris and Shorenstein learned that the metal rolling gate to the building's 41st Street loading...

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