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DURANT v. STATE OF NEW YORK

2018-08464.

195 A.D.3d 796 (2021)

145 N.Y.S.3d 816

2021 NY Slip Op 03826

Jeremiah Durant, Claimant, v. State of New York, Defendant/Third-Party Claimant-Respondent. United Educators Insurance Company, Third-Party Defendant-Appellant.

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

Decided June 16, 2021.

Attorney(s) appearing for the Case

Cornell Grace, P.C., New York, NY ( Keith D. Grace and Adeel Jamaluddin of counsel), for third-party defendant-appellant.

Letitia James , Attorney General, New York, NY ( Anisha S. Dasgupta and Matthew W. Grieco of counsel), for defendant third-party claimant-respondent.

Chambers, J.P., Austin, Miller and Wooten, JJ., concur.

Ordered that the order is affirmed, with costs.

In March 2005, the New York Institute of Technology (hereinafter NYIT) and the State University of New York (hereinafter SUNY) entered into a revocable permit agreement whereby NYIT leased five buildings on SUNY's Old Westbury campus in order to house its students. Pursuant to paragraph 18 of the revocable permit, NYIT agreed to be responsible for injuries arising from the use of the facilities, its appurtenances, and...

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