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PERALTA v. HENRIQUEZ

100 N.Y.2d 139 (2003)

790 N.E.2d 1170

760 N.Y.S.2d 741

ADDYS PERALTA, Respondent, v. RAPHAEL HENRIQUEZ et al., Appellants, et al., Defendants.

Court of Appeals of the State of New York.

Decided May 13, 2003.

Attorney(s) appearing for the Case

MacCartney, MacCartney, Kerrigan & MacCartney, Nyack (Anna Melhem of counsel), for appellants.

Schachter & Levine, LLP, New York City (Sandra D. Janin of counsel), for respondent.

Andrew Zajac, Jericho, Paul M. Duffy, Elizabeth Anne Bannon and Kathleen D. Foley for Defense Association of New York, Inc., amicus curiae.

Chief Judge KAYE and Judges SMITH, CIPARICK, ROSENBLATT, GRAFFEO and READ concur.

OPINION OF THE COURT

WESLEY, J.

Defendants Raphael and Aurora Henriquez own two buildings in Haverstraw, New York—167 and 169 Broadway. 167 Broadway is a two-story building with two residential apartments and a ground floor delicatessen leased to Gregorio DeLeon. 169 Broadway has only residential units. Defendants also own the adjacent unpaved lot where residents of the buildings and their guests are permitted to park. The lot does not have designated...

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