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GORDON v. E. RY. SUPPLY

82 N.Y.2d 555 (1993)

626 N.E.2d 912

606 N.Y.S.2d 127

Albert Gordon, Respondent, v. Eastern Railway Supply Inc., et al., Appellants.

Court of Appeals of the State of New York.

Decided December 16, 1993.

Attorney(s) appearing for the Case

Damon & Morey, Buffalo (Hedwig M. Auletta of counsel), and Harrison & Gruber (Iris B. Schifeling of counsel), for appellants.

Lewis & Lewis, P. C., Buffalo (Allan M. Lewis and Michael J. Skoney of counsel), for respondent.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH and LEVINE concur; Judge HANCOCK, JR., taking no part.

SIMONS, J.

Plaintiff instituted this action against defendants Eastern Railway Supply, Inc. and GATX Capital Corp. seeking damages for injuries he sustained when he fell from a ladder while cleaning a railroad car. His appeal presents three questions: (1) is Eastern Railway Supply, Inc., the owner-lessor of the real property upon which an accident took place, subject to strict liability as an "owner" pursuant...

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