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87-10 51ST AVENUE OWNERS CORPORATION v. STEADFAST INSURANCE COMPANY

39 A.D.3d 700 (2007)

835 N.Y.S.2d 295

87-10 51ST AVENUE OWNERS CORPORATION, Respondent, v. STEADFAST INSURANCE COMPANY et al., Appellants.

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

Decided April 17, 2007.

Ordered that the order is reversed, on the law, with costs, and the motion to dismiss the complaint is granted.

The plaintiff owns and manages a cooperative apartment building in Queens. It entered into an agreement to lease interior and roof space to a nonparty, Nextel of New York, Inc. (hereinafter Nextel), for the maintenance of telecommunications equipment. The agreement required Nextel to procure insurance and to name...

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