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GERRISH v. 56 LEONARD LLC

No. 72 SSM 38.

30 N.Y.3d 1125 (2018)

2018 NY Slip Op 01151

ROBERT GERRISH, Respondent, v. 56 LEONARD LLC et al., Appellants, et al., Defendant.

Court of Appeals of New York.

Decided February 20, 2018.

Attorney(s) appearing for the Case

Ropers, Majeski, Kohn & Bentley, New York City (Jason L. Beckerman and Douglas H. Miller of counsel), for appellants.

Sacks and Sacks, LLP, New York City (Scott N. Singer of counsel), for respondent.

Shaub, Ahmuty, Citrin & Spratt, LLP, Lake Success (Christopher Simone and Gerard S. Rath of counsel), for Real Estate Board of New York, amicus curiae.

Chief Judge DIFIORE and Judges RIVERA, STEIN, FAHEY, GARCIA and WILSON concur. Judge FEINMAN taking no part.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative. Liberally construing the complaint, presuming the facts alleged to be true and affording plaintiff the benefit of all favorable inferences, the complaint states a cause of action and defendants' documentary evidence does not establish, as a matter of law, that the work site where plaintiff's injury occurred...

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