| Hedges v East Riv. Plaza, LLC |
| 2015 NY Slip Op 02219 [126 AD3d 582] |
| March 19, 2015 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Michael Hedges et al., Respondents, v East River Plaza, LLC, et al., Defendants, and Bob's Discount Furniture of NY, LLC, 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.
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 NY, 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 NY2d 83, 87-88 [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. Concur—Mazzarelli, J.P., DeGrasse, Richter and Feinman, JJ. [Prior Case History: 43 Misc 3d 278.]