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FIELDS v. S & W REALTY ASSOCIATES

301 A.D.2d 625 (2003)

754 N.Y.S.2d 348

MARIE E. FIELDS et al., Appellants, v. S & W REALTY ASSOCIATES et al., Respondents.

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

Decided January 27, 2003.

Ordered that the order is affirmed, with costs.

The plaintiffs allege that the defendants were negligent in failing to install a smoke detector in an apartment where a fire occurred. The defendants met their initial burden of establishing their entitlement to judgment as a matter of law (see generally Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851) by submitting both a signed form acknowledging the installation of a smoke...

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