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BODERICK v. R.Y. MGT.

24420/03, 1251

71 A.D.3d 144 (2009)

897 N.Y.S.2d 1

KEIRA M. BODERICK, an Infant, by Her Mother and Natural Guardian, EDITH M. LEE, et al., Appellants, v. R.Y. MANAGEMENT CO., INC., et al., Respondents, et al., Defendant.

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

Decided December 29, 2009.

Attorney(s) appearing for the Case

Kravet, Hoefer & Maher, P.C., Bronx (John A. Maher, of counsel), for appellants.

Fabiani Cohen & Hall LLP, New York City (Lisa A. Sokoloff and John V. Fabiani, Jr., of counsel), for respondents.

MAZZARELLI, SWEENY and RENWICK, JJ., concur with RICHTER, J.; GONZALEZ, P.J., dissents in a separate opinion.

OPINION OF THE COURT

RICHTER, J.

Plaintiffs Edith Lee and her 14-month-old daughter Keira Boderick were injured when, while attending a barbeque in the common area of a building owned and managed by the respective defendants-respondents, a party guest emptied hot cooking oil from a deep-fat turkey fryer into a nearby storm drain while another person poured water from a garden hose on the grate of the drain. The oil's contact with water caused a reaction...

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