SCHIFF v. ABI ONE LLC

5043, 158161/12.

155 A.D.3d 543 (2017)

65 N.Y.S.3d 714

2017 NY Slip Op 08312

FRAN SCHIFF, Respondent, v. ABI ONE LLC et al., Appellants.

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

Decided November 28, 2017.


The motion court correctly concluded that there were triable issues of fact as to whether defendants, the owner and manager of a building in which plaintiff's decedent lived, installed smoke and carbon monoxide detectors in decedent's apartment and whether such failure, if it occurred, was a proximate cause of his injuries. Although the building superintendent testified that he installed the device in decedent's apartment, conflicting testimony from other witnesses was presented...

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