MILLIGAN v. LYNCH


277 A.D. 852 (1950)

Mary Beth Milligan, an Infant, by Raymond Milligan, Her Guardian ad Litem, et al., Appellants, v. Eleanor Lynch, Respondent

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

June 13, 1950.


The complaint alleges that plaintiff, when a child of five playing in an areaway of the building in which defendant lived, was struck by a bottle that was either dropped or thrown by defendant from a window of defendant's apartment. An examination of the defendant before trial was sought as to her throwing or dropping the bottle at the time and her knowledge that plaintiff was standing beneath the window and the bottle striking plaintiff. The application was denied upon the...

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