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GREENE v. ESPLANADE VENTURE

No. 6.

36 N.Y.3d 513 (2021)

168 N.E.3d 827

144 N.Y.S.3d 654

2021 NY Slip Op 01092

STACY GREENE, as Administratrix of the Estate of GRETA DEVERE GREENE, Deceased, et al., Appellants, v. ESPLANADE VENTURE PARTNERSHIP et al., Respondents, et al., Defendant.

Court of Appeals of New York.

Decided February 18, 2021.

Attorney(s) appearing for the Case

Gair Gair Conason Rubinowitz Bloom Hershenhorn Steigman & Mackuaf, New York City ( Ben B. Rubinowitz and Richard M. Steigman of counsel), for appellants.

Shaub Ahmuty Citrin & Spratt, LLP, New York City ( Jonathan P. Shaub , Timothy R. Capowski , Christopher Simone , Jennifer A. Graw and Sarah M. Ziolkowski of counsel), for Esplanade Venture Partnership, respondent.

Mauro Lilling Naparty LLP, Woodbury ( Katherine Herr Solomon and Caryn L. Lilling of counsel), and Goldstein Law, P.C., for Blue Prints Engineering, P.C. and another, respondents.

Teresa A. Klaum, Defense Association of New York, Inc. ( Andrew Zajac , Rona L. Platt and Jonathan T. Uejio of counsel), for Defense Association of New York, Inc., amicus curiae.

OPINION OF THE COURT

This case begins with the heartbreaking death of a child. Our responsibility is to determine whether plaintiff grandparent Susan Frierson, who was in close proximity to the decedent grandchild at the time of the death-producing accident, may pursue a claim...

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