MARTINEZ v. HELEN APARTMENTS, INC.


40 A.D.2d 670 (1972)

Carol S. Martinez, an Infant, by Delio Martinez, Her Parent, Appellant, v. Helen Apartments, Inc., et al., Respondents

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

October 31, 1972


The accident on which this suit is based occurred over 18 years ago and suit was not started for over 12 years after the event. It happened when a metal upright of a ladder on a sliding pond maintained by the defendant for its tenants' children became loose and swayed, causing the infant plaintiff to fall. The upright was held in position by two screws which periodically required tightening. It appears that this was done at more or less regular intervals. It does not appear...

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