CUNNINGHAM v. L.P.T.G. FARRAGUT REALTY CORP.


200 A.D.2d 651 (1994)

606 N.Y.S.2d 776

Lorna Cunningham, Individually and as Mother and Natural Guardian of Latoya Sewell and Another, Infants, Respondent, v. L.P.T.G. Farragut Realty Corp. et al., Appellants

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

January 24, 1994


Ordered that the order is reversed, on the law, with costs, and the motion is denied.

The plaintiffs commenced this action to recover damages for various injuries which they allegedly suffered as a result of the two-year-old plaintiff Latoya Sewell's fall from a window of the fourth floor apartment in which the plaintiffs resided. The defendants are the owner and managing agent of the apartment building.

The conflicting evidence submitted on the plaintiffs...

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