Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff, a tenant in an apartment building owned by the defendant Tompkins Terrace, Inc. (hereinafter Tompkins), was allegedly assaulted by the defendant Robert Gardner, another tenant, during the course of an attack that began in a common area of the building. The plaintiff subsequently commenced this action to recover damages for personal injuries against Tompkins and Gardner. The Supreme...
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