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ASSOCIATED MUTUAL INSURANCE COOPERATIVE v. 198, LLC

1558, 302052/07.

78 A.D.3d 597 (2010)

914 N.Y.S.2d 7

ASSOCIATED MUTUAL INSURANCE COOPERATIVE, Respondent, v. 198, LLC, Appellant, et al. Defendants.

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

Decided November 30, 2010.

As an adjacent landowner, defendant owed plaintiff's insured "a duty to exercise reasonable care in the maintenance of its property to prevent foreseeable injury that might occur on the adjoining property" (Brown v Long Is. R.R. Co., 32 A.D.3d 813 [2006]). In light of the long history of criminal activity on the premises and defendant's awareness of that activity, whether the damage that occurred to the insured's premises as...

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