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RICHARDSON v. LENOX TERRACE DEVELOPMENT ASSOCIATES

41 A.D.3d 108 (2007)

837 N.Y.S.2d 93

WILLIE RICHARDSON et al., Respondents, v. LENOX TERRACE DEVELOPMENT ASSOCIATES, Respondent, and LENOX TERRACE PHARMACY, INC., Doing Business as LENOX TERRACE DRUGS, Appellant, et al., Defendant.

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

Decided June 5, 2007.

Plaintiff Willie Richardson, a Consolidated Edison employee, was dispatched to the building owned by defendant Lenox Terrace Development Associates to respond to a call that the store operated in part of the building by Lenox Drugs was without heat. An employee of Lenox Drugs, John Gorham, accompanied Richardson to the attic to access the roof, where the heating unit was located. According to Richardson's testimony, Gorham partially pushed aside a sheetrock "board" covering...

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