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UTICA MUTUAL INSURANCE COMPANY v. BROOKLYN NAVY YARD DEVELOPMENT CORP.

52 A.D.3d 821 (2008)

861 N.Y.S.2d 724

UTICA MUTUAL INSURANCE COMPANY, as Subrogee of ARES PRINTING & PACKAGING CORP., Appellant, v. BROOKLYN NAVY YARD DEVELOPMENT CORP. et al., Respondents, et al., Defendant.

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

Decided June 24, 2008.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion of the defendants Brooklyn Navy Yard Development Corp. and City of New York for summary judgment dismissing the complaint insofar as asserted against them is denied.

On August 14, 2003 premises leased by the tenant Ares Printing & Packaging Corporation (hereinafter Ares) on the fifth floor of a building at the Brooklyn Navy Yard (hereinafter BNY),

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