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ACEVEDO v. AUDUBON MGT.

280 A.D.2d 91 (2001)

721 N.Y.S.2d 332

SONIA ACEVEDO et al., Respondents, v. AUDUBON MANAGEMENT, INC., Defendant, and MARTIN LEVINE et al., Appellants. (And a Third-Party Action.)

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

February 22, 2001.

Attorney(s) appearing for the Case

Martin A. Lerner of counsel (Freed & Lerner, attorneys), for respondents.

Benjamin M. Zuffranieri, Jr., of counsel (Stephen A. Aschettino, Kathleen Sellers and Jeffrey C. Stravino on the brief; Hodgson, Russ, Andrews, Woods & Goodyear, L. L. P., attorneys), for appellants.

ROSENBERGER, MAZZARELLI, RUBIN and BUCKLEY, JJ., concur.

OPINION OF THE COURT

SULLIVAN, P. J.

At issue in this personal injury and wrongful death action arising out of a fire that occurred in an apartment occupied by the deceased and his family is the propriety of denying summary judgment to the owner landlords of the building.

The fire occurred on April 25, 1991 in apartment 5A at 620 West 147th Street in Manhattan, occupied since 1968 by the deceased, Rigel Acevedo, and his wife Carmen, who, in 1992...

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