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OLIVARIA v. LIN & SON REALTY CORP.

4209N, 7492/02.

84 A.D.3d 423 (2011)

922 N.Y.S.2d 337

CYNTHIA OLIVARIA et al., Respondents, v. LIN & SON REALTY CORP., Appellant, and 922 THIRD AVENUE, LLC, et al., Defendants.

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

Decided May 3, 2011.

Plaintiff Cynthia Olivaria was allegedly injured by carbon monoxide fumes that emanated from a portable heater at her workplace. The premises, consisting of two floors of office space, had been leased by Lin to the injured plaintiff's employer under a written instrument.

Upon bringing this negligence action, plaintiffs served Lin by delivery of copies of the summons and complaint to the Secretary of State pursuant to Business Corporation Law § 306. By order entered...

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