Ordered that the order is affirmed, with costs.
On July 27, 1991, while visiting the apartment of her baby-sitter, three-year-old Shakara Shamika James fell from an eighth-floor window and sustained numerous severe injuries. The child's mother subsequently commenced this action alleging negligence on the part of the defendant, the owner of the building where the child fell. The bill of particulars specified that the defendant had breached his statutory duty to provide...
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