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REVILL v. BOSTON POST RD DEV.

293 A.D.2d 138 (2002)

741 N.Y.S.2d 223

DAVID REVILL et al., Respondents, v. BOSTON POST ROAD DEVELOPMENT CORP. et al., Appellants.

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

May 2, 2002.

Attorney(s) appearing for the Case

Steven Wildstein for respondents.

Michael Yoeli of counsel (Yoeli & Gottlieb LLP, attorneys), for appellants.

FRIEDMAN and MARLOW, JJ., concur with BUCKLEY, J.; SAXE, J.P., and RUBIN, J., dissent in a separate opinion by SAXE, J.P.

OPINION OF THE COURT

BUCKLEY, J.

The issue in this case is whether the trial court erred in setting aside the verdict. We answer this question in the affirmative and reverse for the reasons set forth below.

A.

This is an action for damages allegedly sustained when plaintiff David Revill fell on a buckled floor in a bedroom of his leased ground floor apartment owned and managed by defendants....

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