LARA v. W. 109TH ST. REALTY


139 Misc.2d 186 (1987)

Jason Lara, an Infant, by His Father and Natural Guardian Eugene Lara, et al., Plaintiffs, v. West 109th Street Realty Corp. et al., Defendants.

Supreme Court, New York County.

October 7, 1987


Attorney(s) appearing for the Case

Zimmerman & Zimmerman for plaintiffs. Sheft, Wright & Sweeney for defendants.


EDWARD J. GREENFIELD, J.

The infant plaintiff fell out of a window and this action was commenced against the defendant landlords. Plaintiffs allege a statutory violation due to the landlords' failure to erect a window guard. Section 131.15 of the New York City Health Code requires that such window guards be installed in each apartment where a child under the age of 10 resides.

In the light most favorable to plaintiffs, the infant visited the apartment...

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