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CONLON v. BECKSMAD ASSOCIATES

5 A.D.3d 286 (2004)

774 N.Y.S.2d 501

DENNIS CONLON et al., Respondents, v. BECKSMAD ASSOCIATES et al., Defendants, ELIZABETH GRANT, Respondent, and TRIANGLE HOME FURNISHINGS, Appellant.

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

March 25, 2004.

Plaintiff seeks to recover for injuries sustained when a patio umbrella, with its metal base still attached, was blown from the balcony of defendant Elizabeth Grant's 14th floor apartment and landed on the roof of the vehicle plaintiff Dennis Conlon was driving. Inasmuch as the record discloses that the umbrella was installed on Grant's balcony by defendant Triangle Home Furnishings and that Triangle was aware that Grant's balcony, by reason of its elevation and proximity...

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