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BRODERICK v. EDGEWATER PARK OWNERS COOP., INC.

11051.

180 A.D.3d 527 (2020)

115 N.Y.S.3d 889

2020 NY Slip Op 01127

Michael Broderick et al., Respondents, v. Edgewater Park Owners Cooperative, Inc., Appellant, et al., Defendants.

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

Decided February 18, 2020.

Plaintiff was injured when he fell from the second-story roof deck of EPOC's building, which had a low parapet wall in front. Although plaintiff could not recall exactly how he fell, the record contains circumstantial evidence from which the negligence of EPOC and proximate causation of the accident may be reasonably inferred (see e.g. Haibi v 790 Riverside Dr. Owners, Inc., 156 A.D.3d 144, 149 [1st Dept 2017]). The court properly...

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