Legal Opinion

Buchholz v. Trump 767 Fifth Avenue, LLC

New York Court of Appeals

Decided June 9, 2005PublishedCited by 45 opinions

1Opinion of the Court

OPINION OF THE COURT

Read, J.

The events precipitating this lawsuit took place on St. Patrick’s Day, 1999. After lunching and watching the St. Patrick’s Day Parade, decedent Douglas Buchholz and three coworkers returned to their employer’s offices on the thirteenth floor of the full-block, 50-story General Motors tower at 767 Fifth Avenue in Manhattan. Decedent, who weighed over 200 pounds, and one of his three coworkers eventually got caught up in “play fighting.” Shortly after 7:00 p.m., decedent was “pushed” and “fell through” the center panel of a three-panel bay window. He plunged to his…

2Cases cited7 opinions

  1. Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
  2. Basso v. MillerNew York Court of Appeals · 1976
  3. Diaz v. New York Downtown HospitalNew York Court of Appeals · 2002
  4. Kush v. City of BuffaloNew York Court of Appeals · 1983
  5. Tagle v. JakobNew York Court of Appeals · 2001

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3Cited by45 opinions

  1. Chunhye Kang-Kim v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006
  2. Hotaling v. City of New YorkNew York Court of Appeals · 2009
  3. Mulhall v. HannafinAppellate Division of the Supreme Court of the State of New York · 2007
  4. Zvinys v. Richfield Investment Co.Appellate Division of the Supreme Court of the State of New York · 2006
  5. Cassidy v. Highrise Hoisting & Scaffolding, Inc.Appellate Division of the Supreme Court of the State of New York · 2011

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