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BUTLER v. RAFFERTY

100 N.Y.2d 265 (2003)

792 N.E.2d 1055

762 N.Y.S.2d 567

KATE L. BUTLER, an Infant, by WILLIAM C. BUTLER et al., Her Parents, Appellants, v. BRIAN F. RAFFERTY, Respondent, et al., Defendants.

Court of Appeals of the State of New York.

Decided June 10, 2003.

Attorney(s) appearing for the Case

Lewis B. Oliver, Jr., Albany, for appellants.

Thuillez, Ford, Gold, Johnson & Butler, LLP, Albany (Debra J. Young and Donald P. Ford of counsel), for respondent.

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

OPINION OF THE COURT

ROSENBLATT, J.

The case before us involves the potential tort liability of a tenant-in-common. Plaintiff was injured when she fell off a bunk bed located on property co-owned by defendant. The sole issue is whether defendant can be held liable for plaintiff's injuries. Because defendant surrendered possession and control over the portion of the property where the injury occurred, we...

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