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HYMAN v. QUEENS COUNTY BANCORP, INC.

3 N.Y.3d 743 (2004)

820 N.E.2d 859

787 N.Y.S.2d 215

ALLEN HYMAN et al., Appellants, v. QUEENS COUNTY BANCORP, INC., Doing Business as QUEENS COUNTY SAVINGS BANK, Respondent.

Court of Appeals of the State of New York.

Decided November 18, 2004.

Attorney(s) appearing for the Case

David P. Kownacki, P.C., New York City (David P. Kownacki and Brad H. Rosken of counsel), for appellants.

Perez, Furey & Varvaro, Uniondale (James F. Furey of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

In this personal injury action, plaintiffs, responding to defendant's motion for summary judgment, alleged that defendant's premises violated city and state building code requirements regarding stairway handrails, relying on those alleged violations as evidence of a dangerous or defective condition on the premises. Plaintiffs claimed that the absence...

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