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SHANAHAN v. ORENSTEIN

52 A.D.2d 164 (1976)

Edmund Shanahan, Individually and as Admininstrator of The Estate of Margaret Shanahan, Deceased, Respondent, v. Sol Orenstein et al., Doing Business as Buhre Avenue Co., et al., Appellants. (Action No. 1) Patrick F. McLoughlin, Individually and as Administrator of The Estate of Terence E. McLoughlin, Deceased, Respondent-Appellant, and Patrick F. McLoughlin et al., Appellants, v. Buhre Avenue Co., Inc., Appellant-Respondent. (Action No. 2)

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

May 13, 1976

Attorney(s) appearing for the Case

George J. Siracuse of counsel (Barry, McTiernan, Moore & Siracuse, attorneys), for appellants in Actions No. 1 and 2.

David G. Miller of counsel (Theodore H. Friedman with him on the brief; Arum, Friedman & Katz, attorneys), for respondent-appellant and appellants.

Arthur N. Seiff of counsel (Frank Durkan with him on the brief; O'Dwyer & Bernstein attorneys), for Edmund Shanahan, as administrator of the estate of Margaret Shanahan, deceased, and Edmund Shanahan, respondents.

KUPFERMAN, J. P., and MURPHY J., concur with LUPIANO, J.; LANE and NUNEZ, JJ., dissent in part in an opinion by NUNEZ, J.

LUPIANO, J.

On Sunday, May 10, 1970 (Mother's Day), plaintiff Mary Ann McLoughlin, then 27 years of age, was returning home from church services with her two children, Margaret (3-1/2 years of age) and Terence (2-1/2 years of age), accompanied by her mother, Margaret Shanahan (62 years of age). The group proceeded along Buhre Avenue in Bronx County and came abreast of defendants' one-story taxpayer building....

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