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426-428 WEST 46TH ST. OWNERS, INC. v. GREATER NEW YORK MUTUAL INSURANCE COMPANY

23 A.D.3d 207 (2005)

804 N.Y.S.2d 61

426-428 WEST 46TH ST. OWNERS, INC., et al., Respondents, v. GREATER NEW YORK MUTUAL INSURANCE COMPANY, Appellant.

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

November 10, 2005.

There was uncontradicted evidence presented by plaintiffs that although they knew on August 27, 2002 that their tenant had been found lying incapacitated inside her apartment and was brought by ambulance to the hospital, they lacked knowledge that she had sustained severe injuries from falling down stairs inside her apartment, and that the tenant provided no information which would lead plaintiffs to believe she held them responsible for her condition. In these circumstances...

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