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FOOTLOCKER, INC. v. KK&J, LLC

2001, 105811/04

69 A.D.3d 481 (2010)

894 N.Y.S.2d 380

2010 NY Slip Op 374

FOOTLOCKER, INC., et al., Appellants, v. KK&J, LLC, et al., Respondents. (And a Third-Party Action.)

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

Decided January 19, 2010.

This subrogation action was commenced after a fire occurred on September 24, 2002 in a food court located below street level at 2916 Third Avenue in the Bronx. The fire allegedly broke out when a torch used by one of the individuals removing duct work from a former Burger King came into contact with cooking grease that had accumulated in the duct work. The fire resulted in extensive property damage to surrounding businesses, including...

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