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CONGREGATION BETH SHALOM OF KINGSBAY v. YAAKOV

2014-00578

130 A.D.3d 769 (2015)

13 N.Y.S.3d 518

2015 NY Slip Op 06105

CONGREGATION BETH SHALOM OF KINGSBAY, Respondent, v. LEV BAIS YAAKOV et al., Defendants, and PHILADELPHIA INSURANCE COMPANIES, Appellant.

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

Decided July 15, 2015.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff rented a portion of a building it owns to the defendant Lev Bais Yaakov (hereinafter LBY) for use as a religious school. The plaintiff alleges that in August 2008, LBY, through its contractor, built a new classroom on the roof of the building without the plaintiff's knowledge or consent. The plaintiff further alleges that the negligent and deficient construction of the classroom...

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