SENECA INSURANCE COMPANY v. CITY OF NEW YORK


35 A.D.3d 248 (2006)

827 N.Y.S.2d 27

SENECA INSURANCE COMPANY, as Subrogee of SULTANA DISTRIBUTION SERVICES, INC., Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided December 14, 2006.


After occupying the subject premises for a number of years as a sublessee under a 2001 lease, Sultana leased the premises directly from defendant. Under this new lease, Sultana accepted the premises "as is," acknowledging its previous occupancy and familiarity with the physical condition. Sultana agreed to take care of the water connections, pipes and mains, inter alia, to the extent they are part of the premises, and to keep, maintain and "make all repairs therein and thereon...

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