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BAEZ v. BARNARD COLL.

22 Misc.3d 312 (2008)

866 N.Y.S.2d 478

OSVALDO BAEZ, Plaintiff, v. BARNARD COLLEGE, Defendant.

Supreme Court, Bronx County.

May 7, 2008.

Attorney(s) appearing for the Case

Marshall, Conway, Wright & Bradley, PC., New York City (Marti Mitkoff of counsel), for defendant.

Wingate, Russotti, & Shapiro LLP, New York City (Stavros Sitinas of counsel), for plaintiff.

OPINION OF THE COURT

LUCY BILLINGS, J.

I. Introduction

The trial of this action and defendant's pending motion have required the court to determine whether appellate decisions, that a trap door is not in itself a structural defect, and the absence of any statutory or regulatory provision governing trap doors, insulate a building owner from liability for injury to a tenant's employee who fell...

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