MONDO NEW LINE, INC. v. SYOSSET INDUS. PARK, LLC

2014-10008, Index No. 8668/12.

137 A.D.3d 822 (2016)

26 N.Y.S.3d 477

2016 NY Slip Op 01584

MONDO NEW LINE, INC., Respondent, v. SYOSSET INDUSTRIAL PARK, LLC, Appellant.

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

Decided March 4, 2016.


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

The plaintiff, which operates an online retail business, rented a warehouse in an industrial park owned by the defendant. Sometime between Friday, October 14, 2011, and Monday, October 17, 2011, burglars broke into the vacant unit next to the plaintiff's unit by breaking the deadbolt...

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