SINSEL v. LYONS


168 A.D.2d 902 (1990)

Michael E. Sinsel et al., Individually and as Parents and Natural Guardians of Melissa Sinsel, an Infant, Appellants, v. Mary Lyons, Respondent and Third-Party Plaintiff. Michael Sinsel, Jr., et al., Third-Party Defendants-Respondents

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

December 21, 1990


Order unanimously reversed on the law with costs, motion denied and complaint reinstated.

Memorandum:

Plaintiffs appeal from an order granting defendant summary judgment dismissing plaintiffs' action to recover for injuries sustained by their mentally retarded infant daughter when she ran into defendant's defective gate. The chain link in the gate had become detached from the top, side and bottom posts on one side and was hanging loose. The child sustained...

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