POWERS v. 31 E 31 LLC

9912, 102526/10

123 A.D.3d 421 (2014)

998 N.Y.S.2d 23

2014 NY Slip Op 08382

JOSEPH W. POWERS, Respondent, v. 31 E 31 LLC et al., Appellants.

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

Decided December 2, 2014.


In the early morning hours of August 23, 2008, plaintiff was injured when, while intoxicated, he landed in the bottom of an air shaft after falling off a setback roof of a building owned and managed by defendants. The setback roof, which ran the length of the rear of the building, was five feet wide and accessible through a window of the second-floor apartment of plaintiff's friend. Although most of the setback abutted either a wall or a setback roof of the adjacent building...

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