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BAKER v. RIVERHOUSE REALTY COMPANY, INC.

300 A.D.2d 214 (2002)

751 N.Y.S.2d 361

THOMAS BAKER et al., Appellants-Respondents, v. RIVERHOUSE REALTY COMPANY, INC., Respondent-Appellant, and I. GRACE CO., INC., Respondent. (And Another Action.)

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

Decided December 31, 2002.

The motion court erred in granting defendant Grace's motion for summary judgment since material questions of fact exist as to whether Grace installed and/or maintained smoke detectors in the relevant apartment as Administrative Code of the City of New York § 27-2045 (b) requires and, if it did not, whether the presence of smoke detectors would have obviated plaintiff's injury (General Municipal Law § 205-a; see Lein v Czaplinski, 106 A.D...

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