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WESTCHESTER COUNTY HEALTHCARE CORPORATION v. COUNTY OF WESTCHESTER

19 A.D.3d 405 (2005)

796 N.Y.S.2d 129

WESTCHESTER COUNTY HEALTHCARE CORPORATION, Appellant, v. COUNTY OF WESTCHESTER, Respondent.

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

June 6, 2005.

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

Contrary to the plaintiff's contention, the duty owed by the defendant to it was not "completely extraneous to any duty or obligation" arising out of the landlord/tenant relationship created by the lease agreement (Interested Underwriters at Lloyds v Ducor's, Inc., 103 A.D.2d 76, 77 [1984], affd 65 N.Y.2d 647

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