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BARKSDALE v. HENRY

228 A.D.2d 947 (1996)

644 N.Y.S.2d 591

Grace Barksdale, Individually and as Parent and Natural Guardian of Genelle Barksdale, an Infant, et al., Respondents, v. Daniel Henry, Appellant. (And a Third-Party Action.)

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

June 20, 1996

Peters, J.

At approximately 11:45 P.M. on May 30, 1992, Genelle Barksdale was visiting with her grandmother, plaintiff Jeanette Green, in her second-floor apartment located in a residential three-floor walk-up in the City of Mount Vernon, Westchester County. While asleep on the couch in the living room, Genelle was shot in the leg by a bullet fired from the third-floor apartment which was rented to Christine Gaynor. Third-party defendant, Derek A. Scott...

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