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ERLON v. J.H.W. CONSTR. CORP.

137 A.D.2d 653 (1988)

Candace Erlon, an Infant, by Her Mother and Natural Guardian, Jean M. T. Erlon, et al., Respondents, v. J.H.W. Construction Corp., Appellant

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

February 16, 1988

Ordered that the judgment is affirmed, with costs.

On November 24, 1981, the plaintiff Candace Erlon — then seven years old — sustained a spiral fracture of her right tibia and fibula while roller skating on property owned by the defendant J.H.W. Construction Corporation. Subsequent to the defendant's default in respect to the liability portion of the plaintiff's lawsuit, a trial limited to the issue of damages was held, after which the jury awarded...

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