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AUQUI v. SEVEN THIRTY ONE LTD. PARTNERSHIP

No. 18.

20 N.Y.3d 1035 (2013)

985 N.E.2d 889

962 N.Y.S.2d 579

2013 NY Slip Op 950

MARIA AUQUI, as Guardian of the Property of JOSE VERDUGO, et al., Respondents, v. SEVEN THIRTY ONE LIMITED PARTNERSHIP et al., Appellants.

Court of Appeals of New York.

Decided February 14, 2013.

Attorney(s) appearing for the Case

Mauro Lilling Naparty LLP, Woodbury ( Richard J. Montes and Matthew W. Naparty of counsel), for appellants.

Law Offices of Annette G. Hasapidis, South Salem ( Annette G. Hasapidis of counsel), and Schwartz, Goldstone & Campisi, LLP, New York City ( Herbert Rodriguez, Jr. , of counsel), for respondents.

Michael Jaffee , New York City, and Brian J. Isaac for New York State Trial Lawyers Association, amicus curiae.

Chief Judge LIPPMAN and Judges GRAFFEO, READ and SMITH concur; Judge PIGOTT dissents and votes to affirm in an opinion; Judge RIVERA taking no part.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, defendants' motion to preclude plaintiffs* from litigating the issue of plaintiff Jose Verdugo's accident-related disability beyond January 24, 2006 granted, and the certified question answered in the negative.

Plaintiff, a food service deliveryman, was injured on December 24, 2003 when a sheet of plywood fell from a building...

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