Lezama v. Cedano
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, Bronx County (Mary Ann BriganttiHughes, J.), entered May 9, 2013, which granted defendant Bank of New York Mellon’s (BNY) motion to dismiss the complaint as against it, unanimously reversed, on the law, without costs, and the motion denied.
This negligence action arises out of an April 25, 2011, fire that killed plaintiff’s decedent, 12-year-old Christian Joel Lezama, as well as Christian’s mother and another resident of a multiple dwelling. Flaintiff commenced this action against the owner of the property, Domingo Cedano, and his mortgagee, BNY. The complaint alleges…
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