CABEZUDO v. NEW YORK'S ELDORADO, INC.


50 A.D.2d 794 (1975)

Carmen Cabezudo, as Administratrix of The Estate of Pedro Cabezudo, Deceased, Respondent, v. New York's Eldorado, Inc., Appellant, et al., Defendants

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

December 30, 1975


While Cabezudo, plaintiff's intestate, was installing an air conditioner in a casement window of an apartment building owned by defendant-appellant, New York's Eldorado, Inc., a section of the window came out and he fell to a terrace, two stories below, sustaining fatal injuries. The accident was unwitnessed. Plaintiff's theory of negligence was that a rivet in the upper bracket of the window had been missing for some time prior...

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