PAGAN v. GOLDBERGER


51 A.D.2d 508 (1976)

Adam Pagan, by His Mother and Natural Guardian Maria Pagan, et al., Appellants, v. Sandor Goldberger, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 26, 1976


Attorney(s) appearing for the Case

Gerwurz & Gerwurz (Seligson, Rothman & Rothman [Martin S. Rothman] of counsel), for appellants.

Harold M. Foster (William F. McNulty and Anthony J. McNulty of counsel), for respondent.

COHALAN, DAMIANI, CHRIST and TITONE, JJ., concur.


HOPKINS, Acting P. J.

The infant plaintiff, three years old, and his mother, bring this action to recover damages for an injury suffered by the infant and claimed to have been caused by the defendant's negligence. The defendant was the mother's landlord; she and her husband and seven children had occupied an apartment for three years. One of the employees of the landlord, acting under a complaint, removed the adjuster or knob from the radiator, thus exposing...

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