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McNAMARA v. BANNEY

227 A.D.2d 892 (1996)

643 N.Y.S.2d 800

Sean J. McNamara, Individually and as Father and Natural Guardian of Sean A. McNamara, an Infant, Plaintiff, v. Timothy Banney et al., Defendants Thomas M. Boeck et al., Third-Party Plaintiffs, v. Karen Kline, Third-Party Defendant-Respondent Timothy Banney, Second Third-Party Plaintiff-Respondent, v. Sean J. McNamara et al, Second Third-Party Defendants-Appellants

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

May 31, 1996

Appeal from order insofar as it denied reargument unanimously dismissed and order modified on the law and as modified affirmed with costs to second third-party defendants in accordance with the following Memorandum: During the early morning hours of August 10, 1985, plaintiff, Sean J. McNamara, raised the window in the second-story bedroom occupied by his infant son about two inches, to increase air circulation in the room. When plaintiff and his wife, Mary Jo, left for work...

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