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MUNIZ v. FLOHERN, INC.

155 A.D.2d 172 (1990)

Miguel A. Muniz, an Infant, by His Mother and Natural Guardian, Daisy Gonzales, et al., Appellants, v. Flohern, Inc., Defendant, and Lefran Realty Corp. et al., Respondents

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

March 22, 1990

Attorney(s) appearing for the Case

Paul D. Montclare of counsel (Montclare & Guay, attorneys), for respondents.

David H. Fromm (Aaron J. Broder, P. C. [Polatsek & Fromm of counsel], attorneys), for appellants.

ASCH and ELLERIN, JJ., concur with ROSENBERGER, J.; SULLIVAN, J. P., and CARRO, J., dissent in an opinion by SULLIVAN, J. P.

ROSENBERGER, J.

This appeal places before us the question of whether a landlord may be held liable for the injury to a pedestrian outside of his building caused by a bullet shot from inside the premises during a robbery of the allegedly known, illegal "drug supermarket" operated therein. The plaintiffs are a nine-year-old boy who was permanently blinded when he was shot in the head while passing in front of...

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