DUNBAR v. NMM GLENS FALLS ASSOCIATES, L.L.C.


263 A.D.2d 865 (1999)

693 N.Y.S.2d 746

ALYSSA DUNBAR, an Infant, by REBECCA BLAIR, as Her Mother and Guardian, et al., Respondents, v. NMM GLENS FALLS ASSOCIATES, L. L. C., et al., Appellants.

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

Decided July 22, 1999.


Cardona, P. J.

This action arises out of injuries sustained by the infant plaintiff when she jumped from the top of a metal box enclosing a transformer owned by defendant Niagara Mohawk Power Corporation (hereinafter NiMo) at the apartment complex where she resided. The infant, who was seven years old, allegedly caught her pant leg on a metal hook protruding from the side of the enclosure and struck a concrete pad below, fracturing her arm. Her mother subsequently...

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