RUBIO v. REILLY


44 A.D.2d 592 (1974)

Fernando G. Rubio, Jr., by His Parent and Natural Guardian, Fernando G. Rubio, et al., Respondents, v. T. Joseph Reilly, Appellant

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

March 18, 1974


Interlocutory judgment reversed, without costs, on the law and the facts and in the exercise of discretion, and new trial granted.

The infant plaintiff sustained his injuries when he fell from a window in the apartment rented by his parents from defendant. According to testimony most favorable to plaintiffs, defendant knew that the window had a defective lock and he failed to fix it after promising to do so. Having provided plaintiffs with a window lock, defendant...

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