GROSS v. EMPIRE STATE BLDG.


4 A.D.3d 45 (2004)

773 N.Y.S.2d 354

PETER GROSS et al., Respondents, v. EMPIRE STATE BUILDING ASSOCIATES et al., Appellants.

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

March 2, 2004.


Attorney(s) appearing for the Case

Sullivan, Papain, Block, McGrath & Cannavo, P.C. (Stephen C. Glasser, Cyrus M. Diamond and Stewart G. Milch of counsel), for Peter Gross and others, respondents.

Allegaert Berger & Vogel LLP (Michael S. Vogel and Ronald Busloff of counsel), for Jakob Schaad, respondent.

Lester Schwab Katz & Dwyer, LLP (Steven B. Prystowsky of counsel), for appellants.

NARDELLI, J.P., MAZZARELLI, SULLIVAN and LERNER, JJ., concur.


OPINION OF THE COURT

ANDRIAS, J.

We live in an uncertain and sometimes unpredictable world seemingly filled with daily reports of random acts of violence, including bombings, shootings and mayhem on our public streets, in work sites, post offices, fast food restaurants, federal office buildings, schools, subways and commuter trains and, of course, the World Trade Center. Particularly in the aftermath of the attacks on September 11, 2001, we encounter metal...

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