COSTANZO v. NEW YORK CITY HOUS. AUTH.


158 A.D.2d 576 (1990)

Joann Costanzo, Individually and as Administratrix of The Estate of Elijah Costanzo, Deceased, Appellant, v. New York City Housing Authority, Respondent

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

February 20, 1990


Ordered that the order is affirmed, with costs.

On June 2, 1980, while visiting his grandparents' apartment, three-year-old Elijah Costanzo fell out of their eighth-floor window to his death.

The infant's mother commenced this action against the New York City Housing Authority alleging negligence in the control and maintenance of the premises. The bill of particulars specified that the defendant breached its statutory duty to provide and install window guards...

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