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BUCHHOLZ v. TRUMP

5 N.Y.3d 1 (2005)

831 N.E.2d 960

798 N.Y.S.2d 715

DEBORAH BUCHHOLZ, Individually and as Executrix of DOUGLAS BUCHHOLZ, Deceased, Appellant, v. TRUMP 767 FIFTH AVENUE, LLC, Respondent.

Court of Appeals of the State of New York.

Decided June 9, 2005.

Attorney(s) appearing for the Case

Kramer, Dillof, Livingston & Moore, New York City (Matthew Gaier and Norman Bard of counsel), for appellant.

Hoey, King, Toker & Epstein, New York City (H. Leonard Toker, Harold Kenneth King, Jr., and Danielle M. Regan of counsel), for respondent.

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

OPINION OF THE COURT

READ, J.

The events precipitating this lawsuit took place on St. Patrick's Day, 1999. After lunching and watching the St. Patrick's Day Parade, decedent Douglas Buchholz and three coworkers returned to their employer's offices on the thirteenth floor of the full-block, 50-story General Motors tower at 767 Fifth Avenue in Manhattan. Decedent, who weighed over 200 pounds, and one of his three...

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