PENA v. MITTLEMAN


179 A.D.2d 607 (1992)

Rene Pena, an Infant, by His Mother and Natural Guardian, Luisa Pena, Respondents, v. Frances Mittleman, Appellant

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

January 30, 1992


Defendant-appellant Frances Mittleman is the owner of a multiple dwelling at 143 Ludlow Street in Manhattan. Plaintiffs-respondents were tenants therein on June 30, 1989 when Rene Pena, the infant plaintiff, allegedly fell from a fire escape and suffered serious injuries. Plaintiffs' attorney thereafter wrote to defendant on several occasions but received no response and also attempted, equally without success, to serve her personally...

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