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BURGESS v. CAPPOLA

251 A.D.2d 1001 (1998)

674 N.Y.S.2d 181

Tara N. Burgess et al., Individually and as Parents and Natural Guardians of Sean D. Burgess, an Infant, Respondents, v. Daniel Cappola et al., Appellants

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

June 10, 1998

Order unanimously affirmed with costs.

Memorandum:

Plaintiffs commenced this action seeking damages for serious head injuries suffered by their infant son when he fell from a second-story window of their apartment to the concrete pavement 15 feet below. Defendants, the owners of the building or alleged agents of the owners, asserted as affirmative defenses that the negligence of plaintiffs caused their son's accident.

Supreme Court properly granted...

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