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YENEM CORP. v. 281 BROADWAY

No. 1.

18 N.Y.3d 481 (2012)

964 N.E.2d 391

941 N.Y.S.2d 20

2012 NY Slip Op 1096

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

Court of Appeals of New York.

Decided February 14, 2012.

Attorney(s) appearing for the Case

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

Weg and Myers, P.C., New York City ( Dennis T. D'Antonio,   Joshua L. Mallin,   William H. Parash and Jonathan C. Corbett of counsel), for Randall Co. LLC, appellant.

Shafer Glazer, LLP, New York City ( David A. Glazer and Mika M. Mooney of counsel), for respondents.

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

Michael A. Cardozo , Corporation Counsel, New York City ( Margaret G. King and Spencer Fisher of counsel), for City of New York, amicus curiae.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

CIPARICK, J.

On this appeal, we consider whether former Administrative Code of the City of New York § 27-1031 (b) (1) imposes absolute liability on defendants whose excavation work caused damage to adjoining property. We hold that it does, and that plaintiffs are entitled to summary judgment.

Plaintiff Randall Co. (Randall) is the owner of a landmark cast iron and masonry building located at 287 Broadway in

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