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ON v. BKO EXPRESS LLC

NO. 1753, 307160/11

148 A.D.3d 50 (2017)

45 N.Y.S.3d 68

2017 NY Slip Op 00281

ARACELIS ON et al., Appellants, v. BKO EXPRESS LLC et al., Respondents.

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

Decided January 17, 2017.

Attorney(s) appearing for the Case

Meagher & Meagher, P.C., White Plains ( Keith Clarke of counsel), for appellants.

Dwyer & Taglia, New York City ( Gary J. Dwyer of counsel), for respondents.

ACOSTA, J.P., MAZZARELLI, MOSKOWITZ and GESMER, JJ., concur.

OPINION OF THE COURT

This appeal requires us to consider, once again, a seminal issue that has been central to our study of tort law since Palsgraf v Long Is. R.R. Co. (248 N.Y. 339 [1928]) — how the foreseeability of harm interconnects with the imposition of a duty in tort. The facts are as follows:

On a...

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