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CALDWELL v. GUMLEY-HAFT L.L.C.

55 A.D.3d 408 (2008)

866 N.Y.S.2d 46

CLARA CALDWELL et al., Appellants, v. GUMLEY-HAFT L.L.C., Respondent.

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

October 21, 2008.

Plaintiffs failed to present evidence raising a triable issue of fact as to whether defendant was affirmatively negligent or in complete and exclusive control of the building (see Pelton v 77 Park Ave. Condominium, 38 A.D.3d 1, 11-12 [2006]; Gardner v 1111 Corp., 286 App Div 110 [1955], affd 1 N.Y.2d 758 [1956]). Defendant established it did not have complete and exclusive control...

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