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THE GAP v. RED APPLE COS.

282 A.D.2d 119 (2001)

725 N.Y.S.2d 312

THE GAP, INC., et al., Appellants, v. RED APPLE COMPANIES, INC., et al., Defendants, and ROBERT CARMEL et al., Respondents.

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

May 8, 2001.

Attorney(s) appearing for the Case

Michael J. Sommi of counsel, New York City (Elaine M. Rinaldi on the brief; Cozen & O'Connor, attorneys), for appellants.

Steven B. Prystowsky of counsel, New York City (Jonathan A. Murphy on the brief; Lester Schwab Katz & Dwyer, L. L. P., attorneys), for respondents.

NARDELLI, WILLIAMS, SAXE and FRIEDMAN, JJ., concur.

OPINION OF THE COURT

SULLIVAN, P. J.

Plaintiffs, The Gap, Inc. and Rite Aid Corporation of New York, Inc., were first floor tenants under separate leases at 2551 Broadway in Manhattan, a two-story building owned by defendants Robert Carmel, Kenneth Carmel and Peter Korn and managed by defendant Williams Real Estate. The demised premises were directly above a Sloan's Supermarket, which occupied the basement.

This lawsuit is an outgrowth of a fire...

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