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KOPSACHILIS v. 130 E. 18 CORP.

11 N.Y.3d 512 (2008)

CHRISTINE KOPSACHILIS, Respondent, v. 130 EAST 18 OWNERS CORP. et al., Appellants.

Court of Appeals of the State of New York.

Decided December 2, 2008.

Attorney(s) appearing for the Case

Gannon, Rosenfarb & Moskowitz, New York City (Peter J. Gannon of counsel), for appellants.

Segal & Lax, New York City (Patrick Daniel Gatti of counsel), for respondent.

Armienti, DeBellis, Guglielmo & Rhoden, LLP, New York City (Vanessa M. Corchia of counsel), for Riverbay Corporation, amicus curiae.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, PIGOTT and JONES concur.

OPINION OF THE COURT

SMITH, J.

Subdivision (2) of Multiple Dwelling Law § 37 requires, as a general rule, that owners of apartment buildings keep lights on all night in certain public areas. The same subdivision says that if a light "becomes extinguished and remains so without the knowledge or consent of the owner he shall not be liable." Subdivision (3) of the statute makes an exception to the general...

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