Opinion
03-19-2015
Michael HEDGES, etc., et al., Plaintiffs–Respondents. v. EAST RIVER PLAZA, LLC, et al., Defendants, Bob's Discount Furniture of N.Y., LLC, Defendant–Appellant.
Smith, Mazure, Director, Wilkins, Young & Yagerman, P.C., New York ( Jacob J. Young and Daniel Y. Sohnen of counsel), for appellant. Kramer, Dillof, Livingston & Moore, New York (Matthew Gaier of counsel), for respondents.
Smith, Mazure, Director, Wilkins, Young & Yagerman, P.C., New York ( Jacob J. Young and Daniel Y. Sohnen of counsel), for appellant.
Kramer, Dillof, Livingston & Moore, New York (Matthew Gaier of counsel), for respondents.
Opinion
Order, Supreme Court, New York County (Lucy Billings, J.), entered July 31, 2013, which, to the extent appealed from as limited by the briefs, denied the motion of defendant Bob's Discount Furniture of N.Y., LLC (Bob's) to dismiss the complaint and all cross claims as against it, unanimously affirmed, without costs.
At this stage, affording the pleadings a liberal construction, accepting as true the facts alleged in the complaint and submissions in opposition to the motion, and according plaintiffs the benefit of all available inferences (see generally Leon v. Martinez, 84 N.Y.2d 83, 87–88, 614 N.Y.S.2d 972, 638 N.E.2d 511 [1994] ), the complaint set forth a cause of action against Bob's for negligence.
We have considered Bob's remaining arguments and find them unavailing.
MAZZARELLI, J.P., DeGRASSE, RICHTER, FEINMAN, JJ., concur.