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YENEM CORP. v. 281 BROADWAY

116156/07, 590928/08, 12201221, 590343/08, 100982/08

76 A.D.3d 225 (2010)

904 N.Y.S.2d 392

YENEM CORP., Appellant, v. 281 BROADWAY HOLDINGS et al., Respondents. (And Other Actions.) RANDALL CO., LLC, Respondent, v. 281 BROADWAY HOLDINGS et al., Appellants, et al., Defendants. 281 BROADWAY HOLDINGS LLC et al., Third-Party Plaintiffs-Appellants, v. HUNTER ATLANTIC, INC., Third-Party Defendant-Respondent, et al., Third-Party Defendants.

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

Decided June 29, 2010.

Attorney(s) appearing for the Case

Jaroslawicz & Jaros, LLC, New York City ( David Jaroslawicz of counsel), for Yenem Corp., appellant.

Shafer Glazer, LLP, New York City ( David A. Glazer and Mika M. Mooney of counsel), for 281 Broadway Holdings LLC and another, respondents/appellants.

Molod Spitz & DeSantis, P.C., New York City ( Marcy Sonneborn and Alice Spitz of counsel), for Hunter-Atlantic, Inc., respondent.

Weg & Myers, P.C., New York City ( Dennis T. D'Antonio and Joshua L. Mallin of counsel), for Randall Co., LLC, respondent.

BUCKLEY and ABDUS-SALAAM, JJ., concur with TOM, J.P.; CATTERSON and FREEDMAN, JJ., dissent in a separate opinion by CATTERSON, J.

OPINION OF THE COURT

TOM, J.P.

This appeal presents the narrow issue of whether a municipal ordinance imposes absolute liability for its violation so as to warrant summary judgment in favor of plaintiffs, the owner and tenant of the subject premises, for damage resulting from defendants' excavation on the adjacent property. The controversy is governed by this Court's decision in Coronet Props. Co. v L/M Second Ave. (166 A.D.2d 242...

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