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Plaintiff also moves to compel defendants to provide maintenance and repair records concerning the front entrance and intercom of the premises for a period of six months subsequent to November 3, 1996, or preclude defendants from introducing evidence as to the condition of said entrance or intercom unless these records are provided by a date certain. Plaintiff moves to compel defendants to respond to plaintiff's demand for a bill of particulars as to defendants' affirmative defenses of article 16 apportionment, and preclude them from claiming apportionment unless such a bill of particulars is provided by a date certain. Defendants, Apple Intercom & Mailbox Corp., Apple Intercom & Mailbox Inc., and Apple Core Electronics Inc., (collectively, hereinafter, Apple), are collectively an intercom company that had made repairs to the intercom prior to the intentional criminal act. Defendant, 599 West Associates, (hereinafter, Associates) admits it owned and controlled the premises.
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Plaintiff alleges that her assailant gained access to the premises due to the negligent maintenance, operation and control of the front entrance to the premises including, but not limited to, the lack of a working locking mechanism or intercom. This action arose as a result of an intentional criminal act committed against plaintiff at the apartment building where she resided, (hereinafter, the premises) on November 3, 1996. Nagler of counsel), for Apple Intercom & Mailbox Corp. Callan, Regenstreich, Koster & Brady, New York City (Vincent A. Smith Mazure Director Wilkins & Young, New York City (David Glaser of counsel), for 599 West Associates, defendant.
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Madeline Lee Bryer, P.C., New York City, for plaintiff.