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POWERS v. 31 E 31 LLC

No. 153

24 N.Y.3d 84 (2014)

20 N.E.3d 990

996 N.Y.S.2d 210

2014 NY Slip Op 07084

JOSEPH W. POWERS, by His Guardian ad Litem, WILLIAM T. POWERS, Appellant, v. 31 E 31 LLC et al., Respondents.

Court of Appeals of New York.

Decided October 21, 2014.

Attorney(s) appearing for the Case

Weitz & Luxenberg, P.C., New York City ( Alani Golanski , Lawrence Goldhirsch and Jonathan Sedgh of counsel), for appellant.

Herzfeld & Rubin, P.C., New York City ( Linda M. Brown and David B. Hamm of counsel), for respondents.

Robert F. Danzi , New York City, for New York State Trial Lawyers Association, amicus curiae.

McGaw, Alventosa & Zajac, Jericho ( Dawn C. DeSimone and Andrew Zajac of counsel), Brian Rayhill , Elmsford, Rona L. Platt, Uniondale, Brendan T. Fitzpatrick , Garden City, and Jonathan T. Uejio , New York City, for Defense Association of New York, Inc., amicus curiae.

Chief Judge LIPPMAN and Judges SMITH, PIGOTT, RIVERA and ABDUS-SALAAM concur with Judge GRAFFEO; Judge READ dissents and votes to affirm for the reasons stated in the memorandum of the Appellate Division ( [2013]).

OPINION OF THE COURT

GRAFFEO, J.

In this negligence case where plaintiff fell off the setback roof of an apartment building, we conclude that defendants failed to demonstrate their entitlement to summary judgment on the grounds relied upon by the Appellate Division. We therefore reverse the Appellate Division order.

In the early morning hours of August 23, 2008, plaintiff Joseph W. Powers and several others, all of whom had been consuming alcohol...

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