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532 MADISON AVE. v. FINLANDIA

96 N.Y.2d 280 (2001)

750 N.E.2d 1097

727 N.Y.S.2d 49

532 MADISON AVENUE GOURMET FOODS, INC., Respondent, v. FINLANDIA CENTER, INC., et al., Appellants. 5TH AVENUE CHOCOLATIERE, LTD., et al., Respondents, v. 540 ACQUISITION CO., L. L. C., et al., Appellants. GOLDBERG WEPRIN & USTIN, L. L. P., Individually and on Behalf of All Others Similarly Situated, Appellant, v. TISHMAN CONSTRUCTION CORP. et al., Respondents.

Court of Appeals of the State of New York.

Decided June 7, 2001.

Attorney(s) appearing for the Case

Smith & Laquercia, P. C., New York City (Charles R. Strugatz and Edwin L. Smith of counsel), for appellants in the first above-entitled action.

Steven B. Sarshik, New York City, for respondent in the first above-entitled action.

Smith & Laquercia, L. L. P., New York City (Charles R. Strugatz and Edwin L. Smith of counsel), for appellants in the second above-entitled action.

Ashman & Griffin, L. L. C., New York City (Kenneth J. Ashman of counsel), for respondents in the second above-entitled action.

Jaroslawicz & Jaros, New York City (David Jaroslawicz of counsel), for appellant in the third above-entitled action.

Stroock & Stroock & Lavan, L. L. P., New York City (Joseph L. Forstadt, Deborah L. Goldstein and Joseph E. Strauss of counsel), for Tishman Construction Corp. of New York and another, respondents in the third above-entitled action.

Plunkett & Jaffe, P. C., New York City (Justin E. Driscoll, III, of counsel), for Universal Builders Supply, Inc., respondent in the third above-entitled action.

Judges SMITH, LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

Chief Judge KAYE.

The novel issues raised by these appeals—arising from construction-related disasters in midtown Manhattan—concern first, a landholder's duty in negligence where plaintiffs' sole injury is lost income and second, the viability of claims for public nuisance.

Two of the three appeals involve the same event. On December 7, 1997, a section of the south...

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