BURLINGAME v. HEFTI


181 A.D.2d 986 (1992)

Kevin Burlingame, Appellant, v. Matthew Hefti et al., Respondents

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

March 13, 1992


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

Memorandum:

Plaintiff was found lying on the ground seriously injured underneath the bedroom window of his third floor apartment. The window had been broken and removed a few weeks earlier and had not been replaced by the defendants, who are the landlords. Plaintiff acknowledged in his deposition testimony that he was very intoxicated on the evening of the accident and...

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