333 FIFTH AVENUE ASSOCIATES, LLC v. UTICA FIRST INSURANCE COMPANY

10430, 10431, 116261/09, 10432.

107 A.D.3d 568 (2013)

967 N.Y.S.2d 366

2013 NY Slip Op 4707

333 FIFTH AVENUE ASSOCIATES, LLC, et al., Appellants, v. UTICA FIRST INSURANCE COMPANY et al., Respondents, et al., Defendants.

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

Decided June 20, 2013.


The plaintiff in the underlying personal injury action alleges that he was injured while working for SPN, a pizzeria located in plaintiffs' premises, when he borrowed the elevator key from neighboring tenant Perfume Valley and fell down the shaft upon attempting to enter the elevator cab that was not there. Both tenants had elevator keys and both, albeit to different degrees, used the basement area where plaintiff was injured.

The landlord/plaintiffs in this declaratory...

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