Ordered that the order is affirmed, with one bill of costs.
The plaintiff Paul M. Downey, a New York City firefighter (hereinafter Downey), allegedly was injured while conducting fire search operations in a second floor apartment of a building owned by the defendant Beatrice Epstein Partnership, L.P. (hereinafter the Epstein Partnership). It was later determined that the fire originated in a first floor apartment which had been converted into a dentist's office, and...
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