ISHMAIL v. ATM THREE, LLC


35 A.D.3d 270 (2006)

826 N.Y.S.2d 63

IMTIAZ A. ISHMAIL et al., Appellants, v. ATM THREE, LLC, et al., Respondents, et al., Defendant.

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

Decided December 19, 2006.


This is an action to recover damages for personal injuries and wrongful death arising out of a fire started by defendant Balram Singh at the premises owned and operated by defendants-respondents. Defendant Singh apparently pleaded guilty to arson for setting the fire and, accordingly, it is clear that defendants-respondents have a meritorious defense. In addition, the record supports defendants-respondents' contention that plaintiffs' counsel agreed to extend their time to...

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