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MAJAWALLA v. UTICA FIRST INSURANCE COMPANY

2009-00621.

71 A.D.3d 958 (2010)

897 N.Y.S.2d 217

FAHIM MAJAWALLA, as Executor of YUSUF K. MAJAWALLA, Deceased, et al., Appellants, v. UTICA FIRST INSURANCE COMPANY, Respondent.

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

Decided March 23, 2010.

Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment is denied.

The individual plaintiffs in this action conducted business as the plaintiff Yashi Associates. In that capacity, they owned the premises at 65-00 Myrtle Avenue in Glendale and leased it to nonparty Glendale Convenience Store, Inc. (hereinafter Glendale Convenience). On or about January 14, 2004, nonparty Janet Mangerino allegedly fell in the parking...

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