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TOWER INSURANCE COMPANY OF NEW YORK v. JAISON JOHN REALTY CORP.

60 A.D.3d 418 (2009)

874 N.Y.S.2d 91

TOWER INSURANCE COMPANY OF NEW YORK, Appellant-Respondent, v. JAISON JOHN REALTY CORP. et al., Appellants, and ELISABETH DIAS, Respondent.

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

Decided March 3, 2009.

It appears that later in the day of the accident, September 17, 2006, John was on the premises and saw that the stairway handrail had been removed. Then, while still on the premises, John received a phone call from the police informing him that a person named Dias had fallen down the stairs and that the handrail had been removed. John did not undertake to obtain a copy of the police report, which would have informed him that a tenant named Dias was taken from the building...

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